HomeMy WebLinkAbout1977-03-07 to 1977-04-13 ATM-min ANNUAL TOWN MEETING - MARCH 21, 1977
The meeting was called to order in Cary Memorial Hall at 8 :08 P. M. by the
Moderator, Lincoln P. Cole, Jr.
There were lay Town Meeting Members present.
The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the
Church of Our Redeemer. 8:10 P. M.
Town Clerk, Mary R. McDonough, read the warrant for the meeting until further
reading was waived. 8:12 P. M.
The Town Clerk read the Constable's Return of the Warrant. 8:12 P. M.
The Moderator read the following resolution that had been adopted under
Article 81 at the Adjourned Town Meeting held April 7, 1976:
Resolved that Town Meeting Members abstain from voting in any particular
matter in which to his knowledge, he, his immediate family or partner, a
business organization in which he is serving as officer, director, trustee,
partner or employee, or any person or organization with whom he is
negotiating or has any arrangement concerning prospective employment, has
any economic interest in the particular matter under consideration.
I further move that the Town Clerk provide each new Town Meeting Member
with material embodying the substance of this resolution.
8:13 P. M.
Boy Scout Troop 139 of the Estabrook School was introduced to the Town
Meeting by the Moderator. 8:13 P. M.
Article 2. Edward E. Furash, Chairman of the Appropriation Committee, moved that
the Report of the Appropriation Committee be accepted and placed on
file. 8:14 P. M.
After stressing the need to cut back this year with an estimated
tax rate of $92.60, Mr. Furash stated that it is very unlikely that
the budget would go down next year.
Motion to accept the Report of the Appropriation Committee, as offered
by Mr. Furash, carried unanimously. 8:20 P. M.
George S. Silverman, Chairman of the Capital. Expenditures Committee,
moved that the Report of the Capital Expenditures Committee be
accepted and placed on file.
Carried Unanimously. 8:23 P. M.
Margery M. Battin moved that the Selectmen's Report on State/
Lexington Relations be accepted and placed on file. 8:23 P. M.
Mrs. Battin stated that by accepting this report, the Town Meeting
would also be accepting the following three resolutions which she
then read.
FIRST RESOLUTION
COLLECTIVE BARGAINING
WHEREAS: Compulsory and binding arbitration for public safety
employees has been shown to undercut severly the powers of
home rule by requiring an outside arbitrator to choose the
final settlement;
AND WHEREAS: The effect of the trial period of this law has been to
undermine effective,collecti.ve bargaining;
AND WHEREAS: This law has contributed significantly to higher local
budgets and increased property taxes by raising the level
of all local wage settlements;
(Annual Town Meeting - March 21, 1977)
Article 2. COLLECTIVE BARGAINING RESOLUTION (CONT.)
(Cont.)
NOW THEREFOR: Be it resolved that the Lexington Town Meeting hereby
votes to convey to the Governor and our elected State Rep-
resentatives and Senators our desire that there be no
extension of compulsory and binding arbitration beyond its
termination date of June 30, 1977, so that final authority
for determining local expenditures be returned to Town
Meeting.
8:24 P. M.
SECOND RESOLUTION
LOCAL AID
WHEREAS: Uncertainties about the sum of money allocated by the
Commonwealth of Massachusetts in the various categories of
local aid makes sound financial planning impossible for
local officials;
AND WHEREAS: Local aid is, in many cases, partial State funding of
State mandated programs imposed. without the consent of
local officials;
AND WHEREAS: Local real estate taxes have been impacted to the
breaking point by such mandated programs,
THEREFORE: Be it resolved by the Lexington Town Meeting that the
Governor and State Representatives and Senators be urged
to support an increase in the amount of local aid funding
for fiscal 1978 at least sufficient to cover the increased
costs of State mandated programs and inflation.
8:25 P. M.
THIRD RESOLUTION
STAl2E MANDATED PROGRAMS
WHEREAS: State mandated programs which are unfunded by the State
represent, in most cases, a continued erosion of home
rule;
AND WHEREAS: State mandated programs make little allowance for the
individuality of local governments;
AND WHEREAS:. Such programs present an increasingly onerous burden on
local budgets and on the property tax;
BE IT RESOLVED: That the Lexington Town Meeting convey to the Governor
and our elected State Representatives and Senators our
desire that there be no further_ legislation or executive
actions mandating programs that require expenditures by
cities and towns without providing for full State funding
or local acceptance.
8:26 P. M.
Motion, as presented by Mrs. Battin, to accept and place on file
the Selectmen's Report on State /Lexington Relations carried
unanimously. 8:27 P. M.
^^ (Annual Town Meeting - March 21, 1977)
Article 2. Mary W. Miley moved that the Report on County Government (Middlesex
(Cont.) County Advisory Board) be accepted and placed on file. Mrs. Miley
stated that by accepting this report, the Town Meeting would also be
accepting the following resolution:
COUNTY GOVERNMENT
WHEREAS: Municipalities have only limited control of county
budgets through County Advisory Boards:.
AND WHEREAS: Local executive officials are responsible for the
raising of revenue for county government:
AND WHEREAS: Local officials in Lexington are making every effort
to keep the town budget in line:
AND WHEREAS: The Governor of the Commonwealth has advised the County
Commissioners that he will not approve an increase of
the county budgets over fiscal '77:
NOW THEREFORE: Be it resolved that the Lexington Town Meeting hereby
votes to request the Governor, the Committee on
Counties and. our elected legislative officials to make
every effort to control the county budgets while working
as rapidly as possible toward the abolition of county
government.
Carried Unanimously. 8:30 P. M.
Margery M. Battin moved that the Selectmen's Report to Town Meeting
on Human Services be accepted and placed on file.
Carried Unanimously. 8:35 P. M.
At the request of Howard M. Kassler, Chairman of the Board of
Selectmen, the Town Manager, Robert M. Hutchinson, Jr. was
recognized and presented the Town Manager's Status Report on 1976
Open Money Articles. 8:41 P. M.
On the motion of Mr. Kassler, the Town Manager's Status Report was
accepted and placed on file by a unanimous voice vote. 8:41 P. M.
Ad. Daniel P. Busa, Chairman of the Recreation Committee, is not a
Town Meeting Member, Howard M. Kassler moved that Town Meeting hereby
accept "The Master Plan for Recreation and Open Space," thereby
approving it in concept and approach as the appropriate means of
implementing recreational development in Lexington.
8:43 P. M.
Lynn Hamilton of the Planning Board Office gave an explanation, with
the help of slides, on how they arrived at the five year budget. She
stated that the Recreation Committee had unanimously voted to accept
the Recreation Master Plan. 8:50 P. M.
Motion, as offered by Mr. Kassler, carried by voice vote. 8:52 P. M.
Howard M. Kassler moved that the Report of the Board of Selectmen
under Article 80 of the Warrant for the 1976 Annual Town Meeting be
accepted and placed on file.
Carried Unanimously. 8:53 P. M.
Article 3. Presented by Howard M. Kassler.
MOTION: That a committee of three be appointed by the Moderator to have
the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year.
Carried Unanimously. 8:55 P. M.
(Annual Town Meeting - March 21, 1977) ic
Article 4. Presented by Howard M. Kassler.
MOTION- That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer is
indicated they shall be provided by such a transfer.
8:55 P. M.
Mr. Kassler asked that the Town Manager be recognized to speak on
Article 4. 8:55 P. M.
Patricia K. Hagedorn served notice of reconsideration of the motion to accept
the Master Plan for Recreation as presented under Article 2. 8:57 P. M.
Article 4. After the Town Manager spoke on Article 4, James M. McLaughlin stated
(Cont.) that he would ask for a roll call vote on this article when the final
vote would be taken (not a roll call on each line item). 9:04 P. M.
The Moderator then proceeded to read the line items under Article 4
as follows:
Selectmen's Department
#1000 Personal Services $50,438.
1050 Expenses 7,230.
9:05 P. M.
Town Manager's Office
1060 Personal Services 81,003.
1065 Expenses 6,600.
9:06 P. M.
Town Manager's Jurisdiction
1070 Temporary Help & Overtime 24,000.
1075 Clerical Pool 7,981.
1080 Office Furniture & Fixtures 2,000.
1090 Professional Services 7,500.
1125 Fire & Police Medical 5,500.
1130 Director_ of Guides 1,000.
1135 Out -of -State Travel 6,000.
1141 Tuition & Training Fees 14,000.
1142 In -State Travel 10,000.
9:07 P. M.
Selectmen's Jurisdiction
1148 Safety Program 2,000.
9:07 P. M.
Town Clerk's Department
1150 Personal Services 47,583.
1200 Expenses 900.
1250 Vital Statistics 350.
9:07 P. M.
Board of Appeals
1500 Personal Services 10,340.
1550 Expenses 2,774.
9:07 P. M.
(Mary R. McDonough and Richard M. Perry both gave notice that they would not
vote on Article 4 or 5.)
(Annual Town Meeting - March 21, 1977)
Article 4. Planning Board
(Cont.)
#1600 Personal Services $31,421.
9:08 P. M.
Paul J. MacKenzie, Chairman of the Planning Board, moved that
Article 4, Line 1600 be amended by striking the amount $31,421. and
substituting the amount $43,421. 9:08 P. M.
Howard M. Kassler stated that the Board of Selectmen unanimously
oppose this amendment. 9:13 P. M.
Edward E. Furash stated that the Appropriation Committee opposes
this increase in the budget. 9:13 P. M.
Motion to amend line item 1600,as presented by Mr. MacKenzie,
declared lost by voice vote. 9:15 P. M.
Planning Board (Cont.)
1650 Expenses 4,555.
9:15 P. M.
Howard M. Kassler moved that line item 1700 be placed on the table.
Carried Unanimously. 9 :15 P. M.
(See Page 202.)
Insurance
1700 (See Page 202)
1750 Municipal Property & Workmen's Comp. 293,661.
9:15 P. M.
Printing Town Report
1760 Expenses 10,000.
9:15 P. M.
Law Departmen
1775 Fees 40,000.
1800 Expenses 12,000.
9:16 P. M.
Elections
1900 Selectmen Jurisdiction 5,065.
1950 Town Clerk Jurisdiction 7,275.
9:16 P. M.
Board of Registrars
2000 Personal Services 6,550.
2050 Expenses 3,600.
9:17 P. M.
Town Committees
2250 Appropriation Committee Expenses 3,800.
2370 Misc. Committees & Boards Expenses 2,450.
2380 Council on Aging Expenses 17,240.
*To which the sum of $17,240. in available and anticipated.
P.L. 92 -512 as amended by P.L. 94 -488 (General Revenue
Sharing Funds) is to be applied,
2400 Town Celebrations Committee Expenses 6,500.
9:18 P. M.
Historic Districts Commission
2450 Expenses 1
9:18 P. M.
Conservation Commission
2460 Expenses 4,805.
9:18 P. M.
(Annual Town Meeting - March 21, 1977)
Article 4. Recreation Committee
(Cont.)
#2470 Personal Services $103,470.
2480 Expenses 23,850.
9:18 P. M.
Treasurer /Collector's Department
2500 Personal Services 70,069.
2525 Expenses 10,120.
2575 Foreclosure & Redemption 1,500.
9:18 P. M.
Comptroller's Department
2800 Personal Services 86,354.
2850 Expenses 3,400.
9:18 P. M.
Comptroller's Jurisdiction
2925 Office Machines - Capital Outlay 4,500.
2930 Office Machines - Maint. & Repair 6,500.
2935 Office Services - Copier Supplies 7,700.
2940 Metered Mail 20,250.
9:19 P. M.
Assessors' Department
2950 Personal Services 53,998.
3000 Expenses 8,100.
9:19 P. M.
Health Department
3250 Personal Services 37,213.
3300 Expenses 10,695.
** 3310 Mystic Valley Mental Health 30,853.
*To which the sum of $30,853. in available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 (General Revenue
Sharing Funds) is to be applied.
3320 Tri Community Health Services 6,800.
3330 Community Services 33,350.
*To which the sum of $33,350. in available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 (General Revenue
Sharing Funds) is to be applied.
3450 Rabies Clinic 2,435.
9:20 P. M.
Health Jurisdiction -Dog Officer
3500 Personal Services 15,385.
3550 Expenses 4,175.
9:20 P. M.
Police Department
3760 Police Dept. Management and Staff -Pers. Serv. 322,793.
(of which $12,000. is to be transferred from
the Parking Meter Fund)
3770 Police Dept. Collective Bargaining Unit -Pers. Serv. 721,911.
3800 Expenses 122,765.
*To which the sum of $25,000. in available and anticipated
P. L. 92 -512 as amended by P.L. 94-488 (General Revenue
Sharing Funds) is to be applied.
3900 Parking meter maintenance 1,000.
*(of which $1,000. is to be transferred
from the Parking Meter Fund)
9:28 P. M.
(* *Sam Silverman has written that he will not vote on line item 3310 or any
other matter economically involving the Mystic valley Mental Health Center.)
(Annual Town Meeting - March 21, 1977)
Article 4. Fire Department
(Cont.)
#4110 Fire Department Management and Staff -Pecs. Serv. $34,191.
4120 Fire Dept. Collective Bargaining Unit -Pecs. Serv. 929,841.
4150 Expenses 58,050.
4200 Ambulance Maintenance 2,075.
9:29 P. M.
Local Disaster Services
4300 Personal Services 1,500.
4350 Expenses 1,000.
9:29 P. M.
Inspection Department
4450 Personal Services 57,320.
4500 Expenses 1,213.
9:29 P. M.
Public Works Department
4900 D.P.W. Collective Bargaining Unit -Pers. Serv. 938,196.
*(of which 13,000. is to be transferred from the Westview
Perpetual Care Fund)
* to which the sum of $37,843. in available P.L. 94 -369
(Anti - Recession Fiscal Assistance Funds) is to be applied
9:30 P. M.
Director of Public Works Office
4950 Public Works Mgt. and Staff Pers. Serv. 284,250.
5000 Expenses 9,150.
9:30 P. M.
Engine Department
5100 Personal Services 172,239.
9:30 P. M.
Paul J. MacKenzie, Chairman of the Planning Board, moved that
Article 4, Line 5100 be amended by striking the amount $172,239.
and substituting the amount $192,029. 9:30 P. M.
Mr. MacKenzie's motion to amend declared lost by voice vote.
9:33 P. M.
Engineering Department (Cont.)
5150 Expenses 4,750.
9:33 P. M.
Town Buildings Maintenanc
5200 Personal Services 54,348.
5250 Expenses 154,500.
9:33 P. M.
Highway Maintenance
5400 Expenses 88,550.
(Of which $3,000.00 is to be transferred
from the Parking Meter Fund)
9:33 P. M.
Road Machinery
5450 Expenses 135,100.
9:33 P. M.
(Annual Town Meeting - March 21, 1977)
Article 4. Snow Removal
(Cont.)
#5500 Expenses $109,000.
(Of which $5,000.00 is to be transferred
from the Parking Meter Fund)
9:34 P. M.
Traffic Regulations & Street Signs
5550 Expenses 23,400.
9:34 P. M.
Street Lights
5600 Expenses 207,000.
9:34 P. M.
Sewer Maintenance & Services
5700 Expenses 53,550.
9 :34 P. M.
Garbage Collection
5800 Contract 76,000.
9:34 P. M.
Sanitary Land Fill
5850 Expenses 59,000.
9 :34 P. M.
Water Maintenance & Services
5900 Expenses 35,710.
9:35 P. M.
Park
6000 Expenses 46,435.
9:35 P. M.
Insect Suppression
6050 Expenses 8,500.
9:35 P. M.
Manfred P. Friedman asked how much of this budget was for mosquito
control and Howard M. Kassler answered that the amount was $7,000.
9:35 P. M.
Manfred P. Friedman moved to amend line item 6050 by changing the
figure $8,500. to $1,500. 9:37 P. M.
Mr. Friedman's amendment declared lost by voice vote, which was
doubted, so a standing vote taken as follows:
PRECINCT IN FAVOR TELLERS OPPOSED
1 5 Jerome J. Green 11
2 8 Michael J. O'Sullivan 8
3 11 Lilah H. Groisser 6
4 8 Richard F. Perry 5
5 5 Guy W. Doran 11
6 12 John T. Harvell 5
7 14 Leo J. Grace 5
8 4 Robert J. Burbidge 13
9 8 Jane P. Buckley 8
At large 8 Howard L. Levingston 18
Total 83 90
Mr. Friedman's motion to amend line item 6050 is not adopted.
9:45 P. M.
(Annual Town Meeting - March 21, 1977)
Article 4. Shade Tree
(Cont.)
#6100 Expenses $ 9,850.
9:45 P. M.
Dutch Elm Diseases
61.50 Expenses 4,200.
9:45 P. M.
Cemeteries
6400 Expenses 7,800.
9:45 P. M.
Veteran Benef
7100 Personal Services 8,483.
7150 Administration 150.
7200 Aid & Expenses 48,000.
9:45 P. M.
G raves Registrations
7250 Expenses 400.
9:45 P. M.
Soldiers' Burials
7300 Expenses 250.
9:45 P. M.
Cary Memorial Library
7500 Personal Services 348,860.
7550 Expenses 126,258.
*O£ which $6,492.64 is to be transferred from
the County Dog License Fees.
9:45 P. M.
B oard of Retirement
7800 Contributory Pension Fund 497,175.
7825 Non - Contributory Pension 155,000.
7850 Expenses 3,600.
9:46 P. M.
Public Schools
7920 Public School - Education 15,746,245.
*Of which $12,100. is for out of state travel. To
which the sum of $282,431 in available and anticipated
P.L. 874, and other Federal and State Funds, and $44,000.
in available and anticipated athletic receipts is to be
applied and the balance is raised and appropriated under
this article.
9:47 P. M.
After Patricia A. Swanson, Chairman of the School Committee, and
Supt. John Lawson gave an explanation of the School Budget, Donald B.
White stated that the Appropriation Committee had voted to accept
the School Budget and commended both the School Committee and the
Superintendent. 10:07 P. M.
Regional Voc. Tech. High School
8100 Reg. Voc. Tech. assessment 512,305.
10:08 P. M.
Richard F. zeoli, Lexington's representative to the Regional School
Committee and Regional Superintendent, Ronald Fitzgerald, both explained
and answered questions regarding their budget. 10:20 P. M.
Donald B. White stated that the Appropriation Committee had voted to
accept the Regional Voc. Tech. High School budget. 10:22 P. M.
(Annual Town Meeting - March 21, 1977)
Article 4. Regional Voc. Tech. High School (Cont.)
(Cont.)
Paul A. Plasse moved that the Regional Vocational Technical High
School budget for Fiscal Year 1978 be referred back to the Regional
Vocational School Committee. 10:20 P. M.
Fred C. Bailey stated that a majority of the Board of Selectmen
supported the Regional School budget and were opposed to the amend-
ment to refer. 10.30 P. M.
Motion, as presented by Mr. Plasse, to refer the Regional budget
back to the Regional Vocational School Committee declared lost by
voice vote. 10:31 P. M.
Debt Payment
#8500 Interest on Debt $ 235,610.
8525 Tax and Bond Anticipation Loans 260,000.
8550 Maturing Debt 1,335,000.
10:32 P. M.
Frederick V. McMenimen, Jr. moved that Article 4 be referred
back to the appropriate boards for review for possible further
reduction in expenditures which was declared lost by voice vote.
10:40 P. M.
Main motion, as presented by Mr. Kassler under Article 4, with
the exception of line item #1700 which has been tabled, declared
carried unanimously by voice vote. 10:40 P. M.
James M. McLaughlin again brought up that he wanted a roll call
vote on Article 4. The Moderator stated that his call that Article
4 had carried was in order and that Article 4 was adopted (except
line item #1700).
Mr. McLaughlin still questioned the call, although at the request
of the Moderator, only a few Town Meeting Members stood up agreeing
with Mr. McLaughlin that they wished to have a roll call vote.
Again Mr. McLaughlin questioned, and at the request of the
Moderator, the following voice count by precinct desired the roll
call:
Precinct 1 1
Precinct 2 0
Precinct 3 3
Precinct 4 0
Precinct 5 0
Precinct 6 0
Precinct 7 0
Precinct 8 2
Precinct 9 6
At large 1
Total 13
Less than the required fifty members having voted for a roll call
vote, Article 4 (with the exception of line item 1700) was declared
adapted. 10:43 P. M.
Allen Lee Whitman, Jr. served notice of reconsideration of Article 4, line
item #7920. 10:43 P. M.
(See Page 182.)
Frederick V. McMenimen, Jr. served notice of reconsideration of Article 4.
(See Page 182.) 10:43 P. M.
Article 5. Howard M. Kassler moved that Article 5 be placed on the table.
Carried Unanimously. 10:43 P. M.
(See Page 206.)
-- (Annual Town Meeting - March 21, 1977)
Article 6. Howard M. Kassler moved that this article be indefinitely postponed.
Carried Unanimously. 10:44 P. M.
Article 7. Howard M. Kassler moved that this article be indefinitely postponed.
Carried Unanimously. 10:44 P. M.
Article S. Presented by Howard M. Kassler.
MOTION: That the sum of $150,000.00 be appropriated for the Reserve
Fund and to .raise such amount $57,000.00 be transferred from the
Reserve Fund - Overlay Surplus and $93,000.00 be raised in the tax levy.
Carried Unanimously. 10:45 P. M.
Article 9. Presented by Howard M. Kassler.
MOTION: That the Board of Selectmen be authorized to petition the
Director of Accounts of the State for an audit for the current fiscal
year or hire an independent auditor for such purpose, and to
appropriate for such audit the sum of $25,000.00 therefor, and that
such amount be raised in the tax levy.
Carried Unanimously. 10:46 P. M.
Article 10. Presented by Fred C. Bailey.
MOTION: That the sum of $11,957.25 received in 1977 as State Aid to
public Libraries be appropriated for use by the Trustees of Cary
Memorial Library in improving and extending library services in
Lexington. 10:46 P. M.
Mr. Bailey stated that $8,000. would be used for a security system at
the Library.
Motion, as presented by Mr. Bailey, carried unanimously. 10:47 P. M.
Article 11. Howard M. Kassler moved that this article be indefinitely postponed.
Carried Unanimously. 10:47 P. M.
Article 12. Presented by Howard M. Kassler.
MOTION: That the Selectmen be and they hereby are authorized to
install street lights in such unaccepted streets as they may
determine prior to the final adjournment of the 1978 Annual Town
Meeting.
Carried Unanimously. 10:48 P. M.
Article 13. Howard M. Kassler moved that this article be indefinitely postponed.
Carried Unanimously. 10:48 P. M.
Article 14. Presented by Howard M. Kassler.
MOTION: That the Town Treasurer, with the approval of the Selectmen,
be and he hereby is authorized to borrow money from time to time in
anticipation of the revenue for the fiscal year beginning July 1,
1977, and to issue a note or notes therefor, payable within one year,
in accordance with provisions of General Laws, Chapter 44, Section 4
as amended and to renew any note or notes as may be given for a
period of less than one year, in accordance with the provisions of
General. Laws, Chapter 44, Section 17.
Carried Unanimously. 10:48 P. M.
Article 15. Howard M. Kassler moved that this article be indefinitely postponed.
Carried Unanimously. 10:49 P. M.
(Annual Town Meeting - March 21, 1977)
Article 16. Presented by Howard M. Kassler.
MOTION: That the Selectmen be and they hereby are authorized to
install drains in such accepted or unaccepted streets or other land as
the Selectmen may determine, including the widening, deepening or
altering the course of brooks, streams and water courses and the
construction of new channels in said other land, in accordance with
Chapter 263 of the Acts of 1926, as amended, or otherwise, and to
take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; and to
appropriate the sum of $38,700.00 for such installation and land
acquisition, and that to raise such amount $38,700.00 be transferred
from the unexpended balance of the amount appropriated under Article
17 of the warrant for the 1976 Annual Town Meeting.
Carried Unanimously. 10:55 P. M.
Howard M. Kassler moved that the meeting be adjourned to Wednesday, March 23,
1977 at 8 P. M. in Cary Memorial Hall.
Carried by voice vote. 10:56 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEE TING - MARCH 23, 1977
Meeting called to order by the Moderator, Lincoln P. Cole, Jr., at 8:08 P. M.
in Cary Memorial Hall.
There were 183 Town Meeting Members present.
Invocation offered by Rev. Francis E. Potter, Pastor of the Pilgrim Congrega-
tional Church. 8:09 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, asked for a moment of
silence for two distinguished Lexingtonians that had passed away this year -
Philip B. Parsons and George E. Graves.
8 :10 P. M.
Article 17. Presented by Howard M. Kassler.
MOTION: That the Selectmen be and they hereby are authorized to
install water mains in Banks Avenue and Grandview Avenue, and to
take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor, provided
that money for such projects is deposited in the Guaranteed Deposit
Water and Sewer Account.
8:10 P. M.
Mr. Kassler stated that there is a potential of eleven new houses on
Grandview Avenue and there are five lots on Banks Avenue. The town
is not putting up any money, but, by accepting this article, they
are accepting the concept of probable development. Grandview Avenue
will cost approximately $63,000. and Banks Avenue figure is in the
$8,500. range. 8:15 P. M.
Motion, as presented by Mr. Kassler, declared carried by voice vote.
8:17 P. M.
Article 18. Howard M. Kassler moved that this article be indefinitely postponed.
Carried Unanimously. 8:17 P. M.
Article 19. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
(See install sewer mains and sewerage systems in such accepted or un-
Page accepted streets or other land as the Selectmen may determine, subject
188 to the assessment of betterments or otherwise, in accordance with
& Chapter 504 of the Acts of 1897, and acts in addition thereto and in
191, amendment thereof, or otherwise, and to take by eminent domain, pur-
192) chase or otherwise acquire any fee, easement or other interest in
land necessary therefor; and to appropriate for such installation and
land acquisition the sum of $409,000.00 therefor and that to raise
such amount $237,612.00 be transferred from available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 funds (General Revenue Sharing
Funds) and $171,388.00 be raised in the tax levy and provided further
that the Selectmen may install a sewer main in Grandview Avenue,
provided that money for such project is deposited in the Guaranteed
Deposit Water and Sewer Account.
8:19 P. M.
Mr. Busa stated that the streets to be sewered are Barnes Place,
Waltham Street, Gibson Road, Summit Road, Bennington Road, Boulder
Road, Stedman Road, Amherst Street and Amherst Trunk Sewer. He
listed the number of houses affected in each area and the number of
confirmed failures. 86.4% of the town has sewers available and
there are 1151 houses that are not sewered in town. After_ being
recognized for a second ten minutes, Mr. Busa asked that Jerry
Martin, Assistant Town Engineer, be recognized. Mr. Martin gave an
explanation of the article and answered questions from the various
members. 8 :37 P. M.
Paul J. MacKenzie served notice of reconsideration of Article 17. 8:42 P. M.
Article 19. After general discussion, Julian J. Bussgang moved that "Article 19
(Cont.) be postponed till March 30, 1977 ". 8:57 P. M.
(Adjourned Town Meeting - March 23, 1977)
Article 19. Jerome J. Green asked if they could put a ceiling on the betterment
(Cont.) formula. 9:03 P. M.
Arthur C. Smith moved that "the sum of $409,000. be deleted and
replaced by the sum $238,000. and the amount to be raised in the
tax levy be changed from $171,388. to $388. ".
9:08 P. M.
Mr. Bussgang asked that his motion for postponement be withdrawn.
The Moderator asked the meeting if they had any objections to this
withdrawal, and when objections were raised, he stated that the
motion would not be withdrawn and would be placed before the meeting
for a vote. 9:17 P. M.
A two minute recess was called by the Moderator at 9:18 P. M.
The meeting was again called to order by the Moderator at 9:30 P. M.
At the request of Selectman Kassler, the Town Counsel and Town
Manager were recognized.
Mr. Norman P. Cohen, Town Counsel, stated that Mr. Bussgang's
motion was not referring to the betterment formula. 9:32 P. M.
Robert M. Hutchinson, Jr., Town Manager, stated that a committee is
to be appointed to study the betterments which would affect the
future betterments. 9:33 P. M.
Motion to postpone to a time certain, as presented by Mr. Bussgang,
declared lost by voice vote. 9:34 P. M.
Motion to amend, as presented by Arthur C. Smith, declared lost by
voice vote. 9:35 P. M.
Main motion under Article 19, as presented by Alfred S. Busa,
declared carried by voice vote.
9:35 P. M.
Article 20. Presented by Alfred S. Busa.
MOTION: That the Selectmen be and they hereby are authorized to
install trunk sewers in the Amherst Street area of the Town as the
Selectmen may determine, subject to the assessment of betterments
or otherwise, in accordance with Chapter 504 of the Acts of 1897,
and acts in addition thereto and in amendment thereof, or otherwise,
and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; and to
appropriate for such installation and land acquisition the sum of
$32,000.00 therefor, and that such amount be raised in the tax levy.
9:36 P. M.
Manfred P. Friedman moved that this article be indefinitely post-
poned. 9:39 P. M.
After general discussion, a voice vote was taken on Mr. Friedman's
motion. This vote was doubted by the Moderator and a standing vote
was taken as follows:
PRECINCT IN FAVOR TELLERS OPPOSED
1 6 Jerome J. Green 11
2 6 Michael J. O'Sullivan 6
3 13 Lilah H. Groisser 6
4 7 Richard F. Perry 3
5 9 Guy W. Doran 9
6 13 John T. Harvell 4
7 13 Leo J. Grace 5
8 8 Robert J. Burbidge 9
9 13 Jane P. Buckley 5
At large 9 Harry A. Hall, III 12
Totals 97 70
Mr. Friedman's motion to indefinitely postpone Article 20 adopted.
9:51 P. M.
(Adjourned Town Meeting - March 23, 1977)
Alfred S. Busa served notice of reconsideration of Article 20.
9:51 P. M.
Frank Sandy served notice of reconsideration of Article 19.
9:51 P. M.
Article 21. Presented by Alfred S. Busa.
MOTION: That the Board of Selectmen be authorized to apply for and
accept any federal or state aid which may become available for sewer
projects in the Town.
Carried by voice vote. 9:52 P. M.
Article 22. Presented by Fred C. Bailey.
MOTION: That the sum of $125,945.00 be appropriated for the purchase
by or with the approval of the Selectmen of equipment for the
Department of Public Works, and that such amount be transferred from
available and anticipated P.L. 92 -512 as amended by P.L. 94 -488 funds
(General Revenue Sharing Funds).
9:53 P. M.
Mr. Bailey gave a description of the equipment to be purchased and
answered many questions.
Motion, as presented by Mr. Bailey, declared carried by voice vote.
10:09 P. M.
Article 23. Presented by Fred C. Bailey.
MOTION: That the sum of $60,000.00 be appropriated for highway
construction under authority of Chapter 90 of the General Laws for
al]. or any part of the section of Hancock Street from Harrington Road
to Adams Street, and that such amount be raised in the tax levy.
Carried by voice vote. 10:13 P. M.
Article 24. Presented by Fred C. Bailey.
MOTION: That the sum of $35,000.00 be appropriated for engineering
services for a comprehensive inflow study of the Town's drainage
system, and that such amount be raised in the tax levy.
10:13 P. M.
Paul J. MacKenzie, Chairman of the Planning Board, stated that the
Planning Board unanimously supports this article.
10:19 P. M.
Motion, as presented by Mr. Bailey, declared carried by voice vote.
10 :20 P. M.
Article 25. Presented by Margery M. Battin.
MOTION: That the sum of $18,000.00 be appropriated for the develop-
ment of Westview Cemetery and that such amount be transferred from
Westview Cemetery Sale of Lots Fund.
Carried Unanimously. 10:23 P. M.
Article 26. Presented by Otis S. Brown, Jr.
MOTION: That the sum of $4,000.00 be appropriated to paint the
exterior of the East Lexington Branch Library, and that such amount be
raised in the tax levy.
10:23 P. M.
Mr. Brown stated that the last time the Branch Library was painted was
in 1968.
Motion, as presented by Mr. Brown, declared carried by voice vote.
10:24 P. M.
(Adjourned Town Meeting - March 23, 1977)
Article 27. Presented by Otis S. Brown, Jr.
MOTION: That the sum of $19,400.00 be appropriated to be used with
other available funds to install a book security system in Cary
Memorial Library, and that such amount be raised in the tax levy.
10:25 P. M.
Although Edward E. Furash stated that the Appropriation Committee
recommended unfavorable action on the article, the Board of
Selectmen, as stated by Mr. Kassler, unanimously supported the
article. 10:32 P. M.
Motion, as presented by Mr. Brown, declared carried by voice vote.
10:47 P. M.
(Howard A. Levingston stated, in writing, that he would abstain from
voting on Article 27 because of a possible conflict of interest.)
Article 28. Presented by Mary W. Miley.
MOTION: That the sum of $15,000.00 be appropriated, in addition to
money previously appropriated, for a revaluation of all taxable
property in the Town, and that such amount be raised in the tax levy.
10:47 P. M.
Allen Lee Whitman, Jr. moved "to strike the sum of $15,000. and
substitute therefor the sum of $1,000. ".
10:48 P. M.
Mr. Whitman's motion to amend declared carried by voice vote.
10:50 P. M.
Main motion, as amended, now reads:
Motion MOTION: That the sum of $1,000. be appropriated, in addition to
as money previously appropriated, for a revaluation of all taxable
Adopted. property in the Town, and that such amount be raised in the tax levy.
Main motion, as amended, declared carried by voice vote.
10:50 P. M.
Howard M. Kassler moved that the meeting be adjourned to Monday, March 28,
1977 at 8 P. M. in Cary Memorial Hall. 1Q :50 P. M.
Mary W. Miley served notice of reconsideration of Article 28.
10:51 P. M.
Motion to adjourn to Monday, March 28, 1977 at 8 P. M. in Cary Memorial Hall,
as presented by Mr. Kassler, declared carried by voice vote.
10:51 P. M.
A true copy.
Attest:
c-
Mary R. McDonough, Town Clerk
r ,
ADJOURNED TOWN MEETING - MARCH 28, 1.977
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:08 P. M. in Cary Memorial Hall.
There were 191. Town Meeting Members present.
The invocation was offered by Monsignore Martin U. McCabe, Pastor of the Sacred
Heart Church. 8:10 P. M.
Frederick. V. McMenimen, Jr. moved to reconsider Article 4. 8:10 P. M.
Mr. McMenimen stated that he felt that both the town and school budgets could
and should be cut back. If his motion to reconsider Article 4 passes, he would
move that the budget be referred back to the town boards to study and be reduced
by 5%. Mr. McMenimen read a list of questions that should be asked of the School
Committee and the various town boards.
Motion to reconsider Article 4 declared lost by voice vote. 8 :47 P. M.
The Moderator stated, that with the defeat of the motion to reconsider Article
4, this also means that the notice of reconsideration of Article 4, Line Item
#7920 that was served by Allen Lee Whitman, Jr. on March 21, 1977 has also died.
Article 29. Presented by Fred C. Bailey.
MOTION: That the sum of $80,000.00 be appropriated for the purchase
of a fire truck for the Fire Department, and that such amount be
transferred from available and anticipated P.L. 92 -512 as amended by
P.L. 94 -488 funds (General Revenue Sharing Funds).
Carried by voice vote. 8:50 P. M.
Article 30. (See after Article 31 - Pages 183 and 184)
Howard M. Kassler moved that Article 31 be taken up at this time.
Carried Unanimously. 8:52 P. M.
Article 31. Presented by Mary W. Miley.
(As MOTION: That the sum of $45,000.00 he appropriated for providing
Adopted) curbside collection of recyclables, and that such amount be raised
in the tax levy.
8:53 P. M.
After questioning by William A. Ridgley, John J. McSweeney, Director
of Public Works, stated that the metal is being recycled and last
year the town received $11,000. $5,000. will be for expenses and
$40,000. for the contract price - making up the $45,000. appropriation.
9 P. M.
In response to a question by Margot Tutun regarding the degree of
preparation of the trash by the citizen, Mrs. Miley stated that cans
and bottles would go in the same containers and that the newspapers
will be bundled. 9:04 P. M.
stated
Howard M. Kassle /that a four to one majority of the Board of Selectmen
favor this article. (Alfred S. Busa later spoke,as the dissenting
member, in opposition.) 9:10 P. M.
Paul J. MacKenzie, Chairman of the Planning Board and Edward E. Furash,
Chairman of the Appropriation Committee, both spoke for their
respective members favoring this article. 9:13 P. M.
Mrs. Miley stated that, although the Department of Public Works and the
Engineering Department had opposed curbside collection in the past,
they now were in favor of such collection. 9:29 "P. M.
(Adjourned Town Meeting - March 28, 1977)
Article 31. James Cataldo moved the previous question which was declared carried
(Cont.) by voice vote. 9:34 P. M.
Marian C. Reilly moved that a roll call vote be taken on this
article. 9:34 P. M.
The Moderator asked if there were 50 Town Meeting Members in favor
of a roll call and the following counts were given by precincts:
Precinct One 13
Precinct Two 6
Precinct Three 13
Precinct Four 11
43
The Moderator stated that a roll call vote was in order and it would
not be necessary to get a count from the other five precincts as the
vote in the four precincts was up to 43. 9:36 P. M.
James M. McLaughlin stated that he wished a total count of all
precincts and the Moderator stated that there were approximately
75 people in favor of the roll call. 9:37 P. M.
The roll call vote on Article 31 was taken by the Town Clerk, Mary R.
McDonough, starting at 9:37 P. M. and completed at 9:52 P. M.
The Moderator called a recess in order that the count could be
tallied. 9:52 P. M.
The meeting was again called to order by Moderator Cole at
10:03 P. M.
Results of the roll call as follows:
Precinct Yes No Abstained Absent Totals
1 12 8 1 0 21
2 14 5 1 1 21
3 20 1 0 0 21
4 18 1 0 2 21
5 15 4 0 2 21
6 17 4 0 0 21
7 18 3 0 0 21
8 13 7 0 1 21
9 13 5 0 3 21
At large 6 1 2 0 9
Totals 146 39 4 9 198
Article 31 Adopted as presented. 10:03 P. M.
Article 2. Levi G. Burnell moved that the Report of the Cary Lecture Committee
be accepted and placed on file.
Carried Unanimously. 10:05 P. M.
Article 30. Presented by Norman N. Connolly.
(See Pg. MOTION: That the sum of $5,000.00 be appropriated for services to the
184 Town of Lexington by the Central Middlesex Association for Retarded
for Citizens Inc. (CMARC) in carrying out its endeavor under the provision
motion of Chapter 19 of the General Laws, and that such amount be raised in
as the tax levy.
adopted) 10:06 P. M.
Leroy Hebert, a Lexington resident, and Chet Sewell of CMARC gave
an explanation of the article and showed many slides.
10:24 P. M.
(Adjourned Town Meeting - March 28, 1977)
Article 30. Margery M. Battin stated that the Board of Selectmen were unanimous
(Cant.) in opposing this article although it did not mean that they were
against the program - the tight money situation this year is the
real problem.
10:25 P. M.
Edward E. Furash, Chairman of the Appropriation Committee, moved that
(Motion Article 30 be referred to the Board of Selectmen for review and
as Adopted) evaluation as part of the Board's Human Services budget priority
evaluation in 1978 -9 fiscal year.
10:25 P. M.
Motion to refer Article 30 to the Board of Selectmen, as offered by
Mr. Furash, declared carried by voice vote.
10 :28 P. M.
Article 31. See Page 182.
Article 32. Presented by Mary W. Miley.
MOTION: That the vote of the Board of Selectmen designating the
Sanitary Landfill as a possible regional transfer site is hereby
confirmed.
10:29 P. M.
Richard E. Bayles served notice of reconsideration of Article 30.
10:33 P. M.
Article 32. Motion, as presented by Mrs. Miley under Article 32, declared
(Cant.) carried by voice vote.
10:33 P. M.
Article 33. Presented by Patricia A. Swanson.
MOTION: That the care, custody, management and control of the
(Motion Hancock School and the land adjoining it be transferred from the
Adopted) School Department to the Board of Selectmen effective September 1,
1977; and to appropriate for such care, custody, management and
control the sum of $5,300.00 therefor, and that such amount be raised
in the tax levy.
10:35 P. M.
Selectman Howard M. Kassler stated that Board of Selectmen have voted
to form a sub- committee made up of one member of the Board of Sel-
ectmen, one member from the School Committee, one member of the
Conservation Commission, one member of the Planning Board, the Town
Manager, a realtor, an economics and finance specialist, an architect
and three citizens to study this project.
10:38 P. M.
Wiltrud R. Mott -Smith moved that Article 33 be postponed until
immediately following Article 89. 10:39 P. M.
Paul J. MacKenzie, Chairman of the Planning Board,and Edward E.
Furash, Chairman of the Appropriation, both spoke for their respective
committees in favor of this article. 10:45 P. M.
i
Mr. Kassler stated that the Selectmen unanimously oppose the motion
to postpone. 10:46 P. M.
James M. McLaughlin moved the previous question which was declared
carried by voice vote. 10:53 P. M.
Motion to postpone, as offered by Mrs. Mott - Smith, declared lost by
voice vote. 10:53 P. M.
Voice vote on Article 33, which was taken after general discussion,
was not unanimous, so a standing vote was taken as follows:
(Adjourned Town Meeting - March 28, 1977)
Article 33. Precinct In Favor Tellers Opposed
(Cont.)
1 12 Jerome J. Green 3
2 17 Michael J. O'Sullivan 0
3 13 Lilah H. Groisser 5
4 12 Richard F. Perry 2
5 13 Guy W. Doran 2
6 10 John T. Harvell 5
7 14 Leo J. Grace 3
8 17 Robert J. Burbidge 0
9 16 Jane P. Buckley 0
At large 27 Howard L. Levingston 0
Totals 151 20
More than the required two - thirds having voted in favor, the motion,
as presented by Patricia A. Swanson, is declared adopted.
11:03 P. M.
Ruth S. Thomas served notice of reconsideration of Article 33.
11:03 P. M.
Howard M. Kassler moved that the meeting be adjourned to Wednesday, March 30,
1977 at 8 P. M. in Cary Memorial Hall.
Carried by voice vote. 11:03 P. M.
A true copy.
Attest:
I
7 e' ?Y.' , /1(,'
L flit 2 ,
r V
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - MARCH 30, 1977
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:07 P. M. in Cary Memorial Hall.
There were 183 Town Meeting Members present.
The invocation was offered by Rev. Alvin C. Porteous, Pastor of the First
Baptist Church. 8:09 P. M.
Article 34. (See below, after Article 39.)
Judith J. Uhrig moved that Article 35 be taken up at this time.
Carried Unanimously. 8:10 P. M.
Article 35. Judith J. Uhrig moved that this article be indefinitely postponed.
Carried by voice vote. 8:15 P. M.
Judith J. Uhrig moved that Article 36 be taken up at this time.
Carried Unanimously. 8 :16 P. M.
Article 36. Judith J. Uhrig moved that this article be indefinitely postponed.
Carried Unanimously. 8:16 P. M.
Judith J. Uhrig moved that Article 37 be taken up at this time.
Carried Unanimously 8:17 P. M.
Article 37. Judith J. Uhrig moved that this article be indefinitely postponed.
Carried by voice vote. 8:17 P. M.
Judith J. Uhrig moved that Article 38 be taken up at this time.
Carried Unanimously. 8:18 P. M.
Article 38. Judith J. Uhrig moved that this article be indefinitely postponed.
8:18 P. M.
Paul V. Riffin served notice of reconsideration of Article 35. 8:18 P. M.
Article 38. Motion to indefinitely postpone Article 38, as presented by Mrs. Uhrig,
(Cont.) declared carried by voice vote. 8:19 P. M.
Judith J. iThrig moved that Article 39 be taken up at this time.
Carried Unanimously. 8:19 P. M.
Article 39. Judith J. Uhrig moved that this article be indefinitely postponed.
Carried by voice vote. 8:19 P. M.
Article 34. Presented by Judith J. Uhrig.
(For
(Motion MOTION: That the sum of $50,000. be appropriated for plans and
as specifications for renovating and adding to the Center Pool Complex,
Adopted under the supervision of the Permanent Building Committee, and that
See such amount be raised in the tax levy.
Page 8:20 P. M.
208)
(Adjourned Town Meeting - March 30, 1977)
Article 34. After Mrs. Uhrig spoke on the article, William J. Scouler, Chairman
of the Permanent Building Committee, showed slides of the pool area
(See and gave a breakdown of estimated costs - $235,000. for renovation
Page and $690,000. for new construction (outdoor - indoor conversion).
208 Mr. Scouler stated that by approving this article, the town meeting
for would in fact be approving the $690,000, concept.
motion 8:50 P. M.
as adopted)
Howard M. Kassler stated that the Board of Selectmen unanimously
supported this article. 8:50 P. M.
Edward P. Ugolino of 9 Parker Street received permission to speak
and gave his opposition to this article. He felt that the pool would
be too close to his house and the noise and lights would be unbear-
able. 8:54 P. M.
(Amend - Frank B. Stille moved to amend the motion under Article 34
ment not by deleting the figure $50,000. and substituting
adopted) therefor the figure $25,000. 9 P. M.
Mr. Scouler stated that if the amendment passed and $25,000, was
appropriated, they would come back next year to town meeting with
preliminary plans. If the $50,000. is appropriated, next year they
would have the contract drawings and bids in hand.
9:02 P. M.
Robert M. Hutchinson, Jr., Town Manager, spoke against the amendment
as the cost would just escalate if the project is delayed.
9:02 P. M.
Motion to amend, as offered by Mr. Stille, declared lost by voice
vote. 9:10 P. M.
In answer to a question by Renee Cochin regarding the financing of
this project, both Edward E. Furash, Chairman of the Appropriation
Committee, and Town Treasurer, Louis A. Zehner, spoke of the "five
year rolling financing" that they thought this would fit into.
According to Mr. Zehner, the longer the maturity of a bond issue,
the higher the cost. 9:27 P. M.
The Permanent Building Committee holds open meetings, according to
Town Manager Hutchinson, and anyone may attend and discuss the design
of the pool. 9:27 P. M.
Mrs. Uhrig, in answer to a question by Wiltrud R. Mott- Smith, stated
that if this article should not be adopted, there would be no repairs
to the pool this year as there is no money appropriated for repairs.
9:33 P. M.
James Cataldo moved the previous question which was declared carried
by voice vote. 9:33 P. M.
Daniel E. Power moved for a roll call vote on the main motion.
9:33 P. M.
The Moderator asked if there were 50 Town Meeting Members in favor of
a roll call and the following counts were given by precincts:
Precinct One 9
Precinct Two 1
Precinct Three 8
Precinct Four 6
Precinct Five 2
Precinct Six 4
- Precinct Seven 6
Precinct Eight 3
Precinct Nine 14
At Large 9
Total 62
As there were over 50 Town Meeting Members in favor, the Moderator
stated that a roll call vote on Article 34 was in order.
9:35 P. M.
(Adjourned Town Meeting - March 30, 1977)
Article 34. The roll_ call vote on Article 34 was taken by the Town Clerk, Mary R.
(Cont.) McDonough, starting at 9:36 P. M. and completed at 9:50 P. M.
The Moderator called a recess in order that the count could be
tallied. 9:50 P. M.
The meeting was again called to order by Moderator Cole at 10:03 P. M.
Result of the roll call as follows:
Precinct Yes No Abstained Absent Total
1 6 12 0 3 21
2 7 11 2 1 21
3 9 11 0 1 21'�
4 15 4 1 1 21
5 6 11 0 4 21
6 19 1 0 1 21
7 16 3 0 2 21
8 6 13 0 2 21
9 8 12 0 1 21
At Large 7 0 2 0 9
Totals 99 78 5 16 198
Article 34 adopted as presented. 10:03 P. M.
Richard A. Michelson served notice of reconsideration of Article 34.
10:04 P. M.
Article 40. Robert J. Burbidge moved that this article be indefinitely postponed.
Carried by voice vote. 10:04 P. M.
Article 41. (See Page 193)
Alfred S. Busa moved to reconsider Article 20. 10:04 P. M.
i
Motion to reconsider Article 20, as presented by Mr. Busa, declared lost by
voice vote. 10:07 P. M.
Frank Sandy moved to reconsider Article 19. 10:07 P. M.
H. Bigelow Moore, at the request of Mr. Sandy, spoke on the motion to reconsider
Article 19. Mr. Moore stated that there could be a savings on the dppropriation
under Articl / by deleting two streets - Amherst Street and Bennington Road.
19 10:13 P. M.
Mrs. Rose M. Ciriello, 4 Stedman Road, was given permission to speak and she
told of the problems she has had with the water and drainage and sewer backup.
10:13 P. M.
Robert M. Hutchinson, Jr., Town Manager, stated that you can't wait until you
have problems with the sewers, that is why the problems are existing now.
10:21 P. M.
Motion to reconsider Article 19, as presented by Mr. Sandy, declared carried
by voice vote. 10:23 P. M.
Article 1.9. (As presented and adopted at the March 23, 1977 Adjourned Town
Meeting:
(See MOTION: That the Selectmen be and they hereby are authorized to
Page install sewer mains and sewerage systems in such accepted or unaccepted
178 streets or other land as the Selectmen may determine, subject to the
& assessment of betterments or otherwise, in accordance with Chapter
191, 504 of the Acts of 1897, and acts in addition thereto and in amend -
192) ment thereof, or otherwise, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land
necessary therefor; and to appropriate for such installation and land
(Adjourned Town Meeting - March 30, 1977)
Article 19. acquisition the sum of $409,000.00 therefor and that to raise such
(Cont.) amount $237,612.00 be transferred from available and anticipated
P.L. 92 -512 as amended by P.L. 94 -488 funds (General Revenue Sharing
Funds) and $171,388.00 be raised in the tax levy and provided further
that the Selectmen may install a sewer main in Grandview Avenue,
provided that money for such project is deposited in the Guaranteed
Deposit water and Sewer Account.)
H. Bigelow Moore moved to amend by deleting the figure $409,000.
and substituting therefore the figure $357,000. and deleting the
figure $171,388. and substituting the figure $119,388.
10:23 P. M.
Alfred S. Busa moved to amend by deleting the figure $409,000. and
substituting therefore the figure $392,000. and deleting the figure
$171,388. and substituting $154,388.
10:27 P. M.
Edward E. Furash moved that the subject matter of Article 19 be
referred back to the Board of Selectmen for representation prior to
the end of the town meeting.
10:27 P. M.
John F. Downey, Jr. moved the previous question which was declared
carried by voice vote. 10:36 P. M.
Motion to refer back to the Board of Selectmen, as presented by
Mr. Furash, declared carried by voice vote.
10:36 P. M.
Article 2. Manfred P. Friedman moved that the report of the Planning Board on
Current Land Use and Development in Lexington be accepted and
placed on file.
Carried Unanimously. 10:42 P. M.
Alfred S. Busa moved that Articles 54, 55, 56, 57 and 58 be taken up out of
order at this time.
Carried by voice vote. 10:44 P. M.
Article 54. MOTION: To establish as town ways and accept the layout of as town
ways the following streets:
(Presented
by a. Lois Lane from Bedford Street to end;
Alfred S. b. Suzanne Road from Emerson Road to Mill Brook Road;
Busa) C. Brent Road from Hathaway Road to Emerson Road;
d. Emerson Road from a point easterly 310 feet more or less from the
end of Suzanne Road, and westerly to the end of that section of
(Motion Emerson Road;
as
adopted) all as laid out by the Selectmen and shown upon plans on file in the
office of the Town Clerk, dated January 1.4, 1977, and to authorize the
Selectmen to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary therefor.
10:45 P. M.
Manfred P. Friedman moved that Article 54 be amended by deleting the
line "Lois Lane from Bedford St. to end; ".
10 :47 P. M.
Paul J. MacKenzie filed the Report of the Planning Board covering
Articles 54 and 55. 10:52 P. M.
Motion to amend, as offered by Mr. Friedman, declared last by voice c
vote. 10:55 P. M.
Main motion, as presented by Mr. Busa, declared carried by voice vote.
10:55 P. M.
(Adjourned Town Meeting - March 30, 1977)
. tt'
Article 55. Presented by Alfred S. Busa.
MOTION: To discontinue as town ways the following streets:
a. Hinchey Road from Hartwell Avenue a distance of 600 feet more
or less to its end as shown upon a plan on file in the office of
the Town Clerk dated January 19, 1961;
b. Wood Street from Bedford and Lexington Town Line a distance of
1000 feet more or less, easterly to the entrance of Hanscom Field
as shown on a plan on file in the office of /Town Clerk dated
January 14, 1977. the
10:57 P. M.
Report of the Planning Board filed under Article 54.
Motion, as presented by Mr. Busa carried unanimously. 10:57 P. M.
Article 56. Presented by Alfred S. Busa.
MOTION: That the names of the following streets be changed as follows:
Emerson Road from Maple Street to Bryant Road - EMERSON GARDENS ROAD
Emerson Road at Brent Road -BRFNT ROAD
Emerson Road from beyond Angier to beyond Diamond Road -NORTH EMERSON
ROAD
Worthen Road from Pleasant Street to beyond Goffe Road - WORTHEN ROAD
EAST
10:58 P. M.
Paul J. MacKenzie filed the Report of the Planning Board on Article 56.
10:59 P. M.
Motion, as presented by Mr. Busa, carried unanimously. 11 P. M.
Article 57. Presented by Alfred S. Busa.
MOTION: That the sum of $1,000.00 be appropriated for filing fees in
connection with the acceptance of streets and that such amount be
raised in the tax levy.
Carried Unanimously. 11:01 P. M.
Article 58. Presented by Margery M. Battin.
(App. by MOTION: That Article XXVII of the General By -Laws of the Town of
Atty. Gen., Lexington be amended by adding thereto a new Section 9 as follows:
July 18,
1977. Section 9. "The fees for storage of gasoline under General Laws,
Chapter 148, Section 13, as amended, shall be as follows: (a) For
Advt. in issuing the original license $100. plus the cost of advertising the
Lex. Min. public hearing; and (b) For each annual certificate of registration
Man, $50."
Aug. 18, Carried Unanimously. 11:01 P. M.
25, &
Sept. 1, 1977)
Howard M. Kassler moved that the meeting be adjourned to Monday, April 4, 1977
at 8 P. M. in Cary Memorial Hall. 11:01 P. M.
Frank Sandy served notice of reconsideration of Article 54. 11:02 P. M.
Motion to adjourn to Monday, April 4, 1977 at 8 P. M. in Cary Memorial_ Hall
carried by voice vote. 11:02 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - APRIL 4, 1977
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:02 P. M. in Cary Memorial Hall.
There were 191 Town Meeting Members present.
The Moderator introduced the coach and the members of the 1976 State
Champion team of girls softball and read a proclamation of the Board of Selectmen
and the Town Meeting. This proclamation was presented to the team but not
presented for the record.
Proclamation carried unanimously. 8:08 P. M.
The invocation offered by Rev. Polly Laughland, Pastor of the Follen Church.
8:11 P. M.
Article 2. Alfred S. Busa presented report of the Board of Selectmen on sewers.
This report is due to the referral motion under Article 19 at the
March 30, 1977 session. (Report was not in writing.)
The Selectmen unanimously support deleting the Amherst Street sewer
and recommend sewering all of Bennington Road, not just a portion.
8:15 P. M.
Mr. Buss. asked that Article 19 be brought to the floor at this time.
8:18 P. M.
Mr. Busa stated that if Bennington Road is sewered in two parts there
would be a savings this year of $42,000. but the savings would be
wiped out if the town had to go back in the future.
8:19 P. M.
In response to James M. McLaughlin, the Moderator stated that when
Article 19 was brought to the floor, the first order of business
would be the motion to amend as offered by Mr. Busa at the March
30th session. If that motion is defeated, then the motion to amend,
as offered by Mr. Moore at the same session, would be next. Mr. Busa's
would be brought up first as the dollar figure was higher.
8:24 P. M.
Article 19. (Article 19 as presented by Alfred S. Busa at the March 23, 1977
session of the town meeting:
(See MOTION: That the Selectmen be and they hereby are authorized to
Pages install sewer mains and sewerage systems in such accepted or unaccepted
178, streets or other land as the Selectmen may determine, subject to the
188) assessment of betterments or otherwise, in accordance with Chapter 504
of the Acts of 1897, and acts in addition thereto and in amendment
thereof, or otherwise, and to take by eminent domain, purchase or
(See otherwise acquire any fee, easement or other interest in land
next necessary therefor; and to appropriate for such installation and land
page - acquisition the sum of $409,000.00 therefor and that to raise such
motion amount $237,612.00 be transferred from available and anticipated
as P.L. 92 -512 as amended by P.L. 94 -488 funds (General Revenue Sharing
adopted) Funds) and $171,388.00 be raised in the tax levy and provided further
that the Selectmen may install a sewer main in Grandview Avenue,
provided that money for such project is deposited in the Guaranteed
Deposit Water and Sewer Account.)
(Mr. Busa's motion to amend - presented March 30, 1977:
MOTION: To delete the figure $409,OOO.and substitute therefore the
figure $392,000. and delete the figure $171,388. and substitute
$154,388.)
Mr. Busa's motion to amend Article 19, as presented at the March 30,
1977 session, declared lost by voice vote.
8:25 P. M.
(Adjourned Town M - April 4, 1977)
Article 19. (H. Bigelow Moore's motion to amend Article 19 - presented March 30,
(Cont.) 1977:
MOTION: To delete the figure $409,000. and substitute therefore the
figure $357,000. and delete the figure $171,388. and substitute the
figure $119,388.)
Mr. Moore's motion to amend Article 19, as presented March 30, 1977,
declared carried by voice vote. 8:27 P. M.
Main motion as presented by Mr. Busa on March 23, 1977 and amended by
Mr. Moore now reads:
MOTION: That the Selectmen be and they hereby are authorized to
(Motion install sewer mains and sewerage systems in such accepted or unaccepted
as streets or other land as the Selectmen may determine, subject to the
adopted) assessment of betterments or otherwise, in accordance with Chapter
504 of the Acts of 1897, and acts in addition thereto and in amend-
ment thereof, or otherwise, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land necessary
therefor; and to appropriate for such installation and land acquisi-
tion the sum of $357,000.00 therefor and that to raise such amount
$237,612.00 be transferred from available and anticipated P.L. 92 -512
as amended by P.L. 94 -488 funds (General Revenue Sharing Funds) and
$119,388.00 be raised in the tax levy and provided further that the
Selectmen may install a sewer main in Grandview Avenue, provided that
money for such project is deposited in the Guaranteed Deposit Water
and Sewer Account.
Main motion, as amended by Mr. Moore, declared carried by voice vote.
8:27 P. M.
Article 2. The following presented by Otis S. Brown, Jr.:
"Under Article Two, the School Committee wishes to file the following
report and resolution:
The Superintendent, Administration and School Committee worked long
and hard in preparation of the 77 -78 school budget and, while the
final budget is up 4%, a large portion of that increase can be
attributed to educational items mandated by State Law..
Additionally, we are faced with the prospect of reduced state funding
under Chapter 70, the general education fund, if a bill . presently
before the legislature is passed. Needless to say, passage of this
bill would have a devastating effect on the local real estate property
taxes. It is for this reason that we offer the following resolution:
Be it resolved that the members of the Lexington Town Meeting
protests the proposed Commonwealth of Massachusetts 1978 -79 Chapter 70
funding for cities and towns. This funding, if approved by the
legislators and Governor, would limit Chapter 70 aid next year to
453 million dollars and would reduce Lexington's entitlement of
$1,635,964 to $796,714 or 48.7% of the amount the town should receive
for general school assistance. This reduction applies not only to
Lexington but to all cities & towns in the Commonwealth.
Be it further resolved that copies of this resolution be forwarded
to area legislators and the Governor."
Resolution declared carried by voice vote. 8:29 P. M.
Angela E. Frick gave a status report of the Conservation Commission
on land from last years town meeting. (No report filed.)
8:40 P. M.
(Adjourned Town Meeting - April 4, 1977)
Article 41. Presented by Angela E. Frick.
MOTION: That the ,Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation as
provided by Section 8C of Chapter 40 of the General Laws, any fee,
easement or conservation restriction as defined in Section 31 of
Chapter 184 of the General Laws or other interest in all or any part
of land shown as Lot 10 on Assessors' Property Map 39 and described
in deed recorded in Middlesex South Registry of Deeds, Book 8038,
t
page 414, now or formerly of Grey Nuns Charities, Inc., that the sum
of $102,500.00 be appropriated for such land acquisition, and that
such amount be transferred from the appropriation voted under Article
40 of the warrant for the 1975 Annual Town Meeting,
8:41 P. M.
After Mrs. Frick and Francis W. K. Smith, both Conservation Commision
members, spoke on the article, Paul J. MacKenzie stated that a
majority of the Planning opposed this article.
8:58 P. M.
Patricia K. Hagedorn stated that the Appropriation Committee
recommended unfavorable action on this article as presented.
9:08 P. M.
Elizabeth Reinhardt, a member of the Historical Commission, spoke
in favor of the above purchase. 9:12 P. M.
The Moderator introduced a group of A.F.S. students from Damascus,
Maryland. 9:13 P. M.
Article 41. Howard M. Kassler stated that a majority of the Board of Selectmen
(Cont.) are in favor of .this article. 9:15 P. M.
The voice vote on the main motion was not unanimous, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Jerome J. Green 12
2 5 Michael J. O'Sullivan 14
3 9 Lilah H. Groisser 8
4 10 Richard F. Perry 7
5 5 Guy W. Doran 10
6 4 John T. Harvell 12
7 4 Leo J. Grace 14
8 6 Robert J. Burbidge 11
9 3 Jane P. Buckley 12
At large 14 Howard L. Levingston 13
Totals 66 113
Less than the required two - thirds having voted in favor, the motion
is not adopted. 9:27 P. M.
Article 42. Presented by Francis W. K. Smith.
MOTION: That the Conservation Commission be authorized to purchase or otherwise
acquire, and the Selectmen be authorized to take by eminent domain, upon the
written request of the Conservation Commission, for conservation purposes including
outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws,
any fee, easement or conservation restriction as defined in Section 31 of Chapter
184 of the General Laws or other interest in all or any part of land shown as Lot
26 on Assessors' Property Map 87 and described in deed filed with Certificate of
Title No. 96503 in Middlesex South Land Registry, Book 612, Page 153, now or
formerly of Lucky Penny Trust, that the sum of $195,000.00 be appropriated for
such land acquisition, and that such amount be transferred from the appropriation
voted under Article 40 of the warrant for the 1975 Annual Town Meeting.
9:28 P. M.
(Adjou Town Meeting - April 4, 1977)
Article 42. Paul J. MacKenzie stated that a majority of the Planning Board were in
(Cont.) favor of this article and Howard M. Kassler stated that the Board of
Selectmen by four to one were in favor of this article.
9:31 P. M.
Voice vote on the main motion was riot unanimous, so a standing vote
taken as follows:
Precinct In Favor Tellers Opposed
1 8 Jerome J. Green 9
2 11 Michael J. O'Sullivan 7
3 7 Lilah H. Groisser 4
4 6 Richard F. Perry 4
5 14 Guy W. Doran 1
6 16 John T. Harvell 0
7 14 Leo J. Grace 2
8 4 Robert J. Burbidge 9
9 12 Jane P. Buckley 3
At large 24 Howard L. Levingston 2
Totals 116 41
More than the required two- thirds having voted in favor, the motion
is adopted. 9:33 P. M.
Article 43. Presented by Shirley H. Stolz.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation Commission,
for conservation purposes including outdoor .recreation as provided by
Section 8C of Chapter 40 of the General Laws, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of
the General Laws or other interest in all or any part of land shown as
Lot 1 on Assessors' Property Map 74 and described in Document No.
247971, filed. with Certificate of Title No. 72175 in Middlesex South
Land Registry, Book 481, Page 589, now or formerly of Cosgrove, that the
sum of $170,000.00 be appropriated for such land acquisition, and
that to raise such amount $1,381.60 be transferred from the unexpended
balance of the amount appropriated under Article 43 of the warrant for
the 1975 Annual Town Meeting, $2,977.55 be transferred from the un-
expended balance of the amount appropriated under Article 44 of the
warrant for the 1975 Annual Town Meeting, $1,000.00 be transferred
from the unexpended balance of the amount appropriated under Article
45 of the warrant for the 1975 Annual Town Meeting, $2,462.05 be
transferred from the unexpended balance of the amount appropriated
under Article 46 of the warrant for the 1975 Annual Town Meeting,
$178.80 be raised in the tax levy and $162,000.00 be transferred from
the appropriation voted under Article 40 of the warrant for the 1975
Annual Town Meeting.
9 :36 P. M.
James E. Cosgrove gave written notice that he would refrain from voting
on Article 43 due to a conflict of interest.
Mrs. Stolz read a letter from the Cosgrove family stating that they
were in favor of this article. 9:40 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, and Paul J.
MacKenzie, Chairman of the Planning Board, both stated that their
respective boards unanimously favored this article.
9:40 P. M.
Motion, as presented by Mrs. Stolz, declared carried unanimously.
9:41 P. M.
(Adjourned Town Meeting - April 4, 1977)
Article 44. Presented by Susan S. Solomon.
MOTION: (a) That the Conservation Commission be authorized to
purchase or otherwise acquire, and the Selectmen be authorized to
take by eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation as
provided by Section 8C of Chapter 40 of the General Laws, any fee,
easement or conservation restriction as defined in Section 31 of Chapter
184 of the General Laws or other interest in all or any part of land
shown as Lot S3A and 4 on Assessors' Property Map 44 and described in
deeds recorded in Middlesex South Registry of Deeds, Book 8103, page
574, and Book 9912, Page 99 now or formerly of Foley and Sayre, that
such acquisition shall not in any way prevent reasonable access
through such land for the benefit for Minuteman Regional Vocational
Technical School district, that the sum of $68,000.00 be appropriated
for such land acquisition, and that such amount be transferred from
the appropriation voted under Article 40 of the Warrant for the 1975
Annual Town Meeting.
(b) That the Selectmen be and they hereby are authorized to accept
on behalf of the Town a license to use for conservation purposes
all or any part of land shown as Lot 1 on Assessors' Property
Map 44 and Lot 4 on Assessors' Property Map 52 from Boston Edison
Company to provide access to the foregoing land.
9:43 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, and Paul J.
MacKenzie, Chairman of the Planning Board, stated that their
respective boards unanimously favored this article.
9:47 P. M.
Voice vote on the main motion was not unanimous, so a standing vote
taken as follows:
Precinct In Favor Tellers Opposed
1 12 Jerome J. Green 6
2 15 Michael J. O'Sullivan 4
3 14 Lilah H. Groisser 3
4 16 Richard F. Perry 0
5 16 Guy W. Doran 0
6 16 John T. Harvell 0
7 17 Leo J. Grace 1
8 9 Robert J. Burbidge 6
9 12 Jane P. Buckley 2
At large 25 Howard L. Levingston 1
Totals 152 23
More than the required two - thirds having voted in favor, the main
motion under Article 44 is adopted.
9:52 P. M.
Article 45. Angela E. Frick moved that this article be indefinitely postponed.
Carried by voice vote. 9:52 P. M.
Article 46. Presented by Angela E. Frick.
MOTION: That the Selectmen be authorized to transfer to the Conserva-
tion Commission for open space and conservation purposes, including
outdoor recreation, as provided by Section 8C of Chapter 40 of the
General Laws, as amended, land shown as Lots 34, 39 and 40A on
Assessors' Property Map 28 and Lots 27, 29 and 38 on Assessors'
Property Map 36.
Carried Unanimously 9:55 P. M.
(Adjourned Town Meeting - April 4, 1977)
Article 47. Presented by Mary W. Miley.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire and the Selectmen be authorized to take by
(Motion eminent domain, upon the written request of the Conservation Commission,
as and that the Selectmen be authorized to transfer, for conservation
adopted) purposes including outdoor recreation, as provided by Section 8C of
Chapter 40 of the General Laws, as amended, and for road and water
retention purposes, any fee, easement, or conservation restriction as
defined in Section 31 of Chapter 184 of the General Laws, or other
interest in all or any part of a parcel of land consisting of lots
25 through 29 inclusive and lot 36 of Block 19, lots l through 35
inclusive of Block 20, lots 1 through 16 inclusive and lots 19
through 33 inclusive of Block 7.1, lots 1 through 15 and lots 18
through 31 inclusive of Block 22, lots 1 through 14 and lots 17
through 30 inclusive of Block 23, lots 1 through 22 inclusive of
Block 24, lots 1 through 22 inclusive of Block 25, lots 1 through 22
inclusive of Block 26, lots 1 through 22 inclusive of Block 27, lots
1 through 22 inclusive of Block 28, lots 12 through 17 inclusive of
Block 29, lots 2 and 3 of Block 32, lots 16, 17 and 18 and lots 41
through 49 of Block 33, lots 15 through 23 and 41 through 52 of
Block 34, lots 14 through 26 and 40 through 52 inclusive of Block 35,
lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13
through 26 and 39 through 52 inclusive of Block 37, lots 13 through
26 and 39 through 52 inclusive of Block 38, lots 13 through 26 and
37 through 52 inclusive of Block 39, lots 3, 4, and 5 of Block 55, lots
1 through 4 inclusive of Block 56, and lots 1 through 25 inclusive of
Block 57, all as shown on "Plan of Lots: at Lexington Heights, owned by
M.C. Meagher ", surveyed by E. A. W. Hammatt, C.E., dated July 1892,
recorded in Middlesex South District Registry of Deeds, Plan Book
77, Plan 24; that the sum of $5000.00 be appropriated for such land
acquisition, and that such amount be raised in the tax levy.
9:58 P. M.
Paul A. Plasse presented the following amendment;
To remove the words, "and for road and water retention purposes,"
which follow the words Section 8C of Chapter 40 of the General Laws,
as amended . . . . .
10:05 P. M.
Eric T. Clarke stated that this land has multiple uses and speaks
against the amendment. 10:09 P. M.
Voice vote on Mr. Plasse's amendment was doubted, so a standing vote
taken as follows:
P recinct In Favor Tellers Opposed
1 5 Jerome J. Green 30
2 5 Michael J. O'Sullivan 14
3 3 Lilah H. Groisser 13
4 5 Richard F. Perry 10
5 11 Guy W. Doran 6
6 6 John T. Harvell 6
7 3 Leo J. Grace 14
8 14 Robert J. Burbidge 0
9 13 Jane P. Buckley 3
At large 5 Howard L. Levingston 20
Totals 70 96
Mr_ Plasse's amendment declared lost. 10:13 P. M.
Paul A. P1a.sse asked for a roll call vote on Article 47. 10:14 P. M.
The Moderator asked if there were 50 Town Meeting Members in favor of
a roll call. and the following counts were given by precincts:
(Adjourned Town Meeting - April 4, 1977)
Article 47. Precinct One 6
(Cont.) Precinct Two 0
Precinct Three 1
Precinct Four 0
Precinct Five 1
Precinct Six 0
Precinct Seven 0
Precinct Eight 7
Precinct Nine 11
At Large 4
Total 30
As there were less than the required 50 Town Meeting Members
requesting a roll call vote on Article 47, the Moderator stated that
the roll call was not in order.
10:15 P. M.
Voice vote on main motion, as presented by Mrs. Miley, was not
unanimous, so a standing vote taken as follows;
Precinct In Favor Tellers Opposed
1 13 Jerome J. Green 2
2 15 Michael J. O'Sullivan 2
3 17 Lilah H. Groisser 0
4 17 Richard F. Perry 0
5 9 Guy W. Doran 7
6 16 John T. Harvell 0
7 18 Leo J. Grace 0
8 6 Robert J. Burbidge 11
9 8 Jane P. Buckley 9
At Large 25 Howard L. Levingston 1
Totals 144 32
More than the required two- thirds having voted in favor, the main
motion, as presented by Mrs. Miley, is adopted.
10:17 P. M.
Article 48. Presented by David G. Williams.
MOTION: That the Conservation Commission be authorized to purchase or
otherwise acquire, and the Selectmen be authorized to take by eminent
domain, upon the written request of the Conservation Commission, and
that the Selectmen be authorized to transfer, for conservation purposes
including outdoor recreation as provided by Section 8C of Chapter 40 of
the General Laws, as amended, any fee, easement or conservation re-
striction as defined in Section 31 of Chapter 184 of the General Laws,
or other interest in all, or any part of land shown as Lot 1 on
Assessors' Property Map 6, Lot 142 on Assessors' Property Map 14, Lots
32 through 38, 41, 42, 68A and 76 on Assessors' Property Map 24, Lot
8 on Assessors' Property Map 29, Lots 46, 85, 94 on Assessors' Property
Map 55, Lot 108 on Assessors' Property Map 62, Lots 65A, 66, 67 on
Assessors' Property Map 82, Lot 15 on Assessors' Property Map 86, Lots
35 and 36 on Assessors' Property Map 87; that the sum of $500.00 be
appropriated for such land acquisition and that such amount be raised
in the tax levy.
Carried Unanimously. 10:20 P. M.
Paul A. Plasse served notice of reconsideration of Article 47.
10:20 P. M.
(Adjo To wn Meeting - April 4, 1977)
Article 49. Presented by Angela E. Frick.
MOTION: That the Selectmen and Conservation Commission be and they
are hereby authorized to convey a portion of Lot 290 on Assessors'
Property Map 13, consisting of approximately 1200 square feet, to the
owners of Lot 289 on such Map on such terms as the Selectmen and
Conservation Commission deem advisable, provided that the grantees will
bear all expenses of the conveyance.
Carried Unanimously. 10:22 P. M.
Article 50. Howard M. Kassler moved that this article be placed on the table.
Carried by voice vote. 10:23 P. M.
(See Pages 200 & 201) (See Pages 216 -218 inc.)
Article 51. Presented. by Angela E. Frick.
MOTION: That the Selectmen be and they are hereby authorized to
accept as a gift from the Reverend Ernest B. Johnson, Jr. parcels
of land bordering on Route 128, shown as Lots 106A and 145 on
Assessors' Property Map 83, for conservation purposes.
Carried Unanimously. 10:23 P. M.
Article 52. Presented by Shirley H. Stolz.
MOTION: That the sum of $7,000.00 be appropriated to the Conservation
Fund, established by vote under Article 9 of the warrant for the
Special Town Meeting of June 8, 1964, and that such amount be
raised in the tax levy.
Carried Unanimously. 10:25 P. M.
Manfred P. Friedman moved that Article 85 be taken out of order, after
Article 52.
Declared lost by voice vote. 10:28 P. M.
Article 53. Presented by Alfred S. Busa.
MOTION: That the Selectmen be authorized to purchase, take by
eminent domain or otherwise acquire for street, playground,
recreational or open space purposes all or any part of land on
Summer Street shown as Lot 70 on Assessors' Property Map 28, now or
formerly of owners unknown; and to appropriate the sum of $500.00
therefor, and that such amount be raised in the tax levy.
Carried Unanimously. 10:30 P. M.
Article 54, 55, 56, 57 and 58. See Pages 189 and 190.
Article 59. Presented by Margery M. Battin.
(Approved MOTION: (a) That Article XXXII of the General By -Laws of the Town of
by Atty. Lexington be amended by deleting Section 2 and substituting therefor
General, the following:
July 29,
1977. "Section 2. The council shall consist of eleven members to be
appointed by the Town Manager with the approval of the Selectmen for
Advt. in terms of three years expiring on June l."
Lex. Min.
Man, (b) That it is the desire of the Town Meeting that the four new
Aug. 18, 25 members of the council be appointed for terms beginning June 1, 1977,
& Sept. 1, two for terms of two years and two for terms of three years.
1977) Carried Unanimously. 10:31 P. M.
(Adjourned Town Meeting - April 4, 1977)
Article 60. Presented by Elizabeth H. Clarke.
MOTION: That Article V of the General By -Laws of the Town of Lex-
ington be amended by deleting Section 23 and substituting therefor the
following:
"Section 23. The debate on a motion to reconsider shall be limited
to fifteen minutes. The maker of the motion may speak for not more
than five minutes. No other person shall speak for more than three
minutes nor more than once."
10:32 P. M.
After general discussion, James Cataldo moved the previous question
which was declared carried by voice vote.
10:44 P. M.
Main motion, as presented by Mrs. Clarke, declared lost by voice
vote. 10:45 P. M.
Article 61. Presented by Margery M. Battin.
MOTION: That Article III of the General By -Laws of the Town of
Lexington be amended by deleting from Section 2 thereof the words
"not less than seven days before the time stated in the warrant for
holding such meeting" and substituting therefor the words "not less
than seven days before the date of the annual town meeting and not
less than fourteen days before the date of a special town meeting."
Carried Unanimously. 10:47 P. M.
Article 62. Presented by Stephen W. Doran:
MOTION: That the Moderator appoint a special ad hoc study committee,
charged with exploring the possibility of instituting a new system
of recording votes for Lexington Town Meeting, and that such
committee report back to the 1978 Annual Town Meeting.
10:47 P. M.
After general discussion, James M. McLaughlin moved the previous
question which was declared carried by voice vote.
11:03 P. M.
Main motion, as presented by Mr. Doran, declared carried by voice
vote. 11 :05 P. M.
Article 2. Paul J. MacKenzie presented the Report of the Planning Board on Floor
Procedure:
"The Planning Board will move to take up Article 85 following Article
74.
The provisions of Article 85 are a part of an integrated plan for
zoning revision and we feel that they make the most sense when
considered in the order 74, 85, 75 etc."
Planning Board Report accepted by unanimous vote.
11:07 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, stated that after the
meeting is adjourned to this Wednesday and,then to next Monday, the Selectmen are
going to recommend adjourning to Tuesday, Wednesday and Thursday if necessary.
Mr. Kassler then moved to adjourn this meeting to Wednesday, April 6, 1977 at
8 P. M. in Cary Memorial Hall with the intention of following the above
recommendation. 11:08 P. M.
Paul J. MacKenzie stated that, even though most of the upcoming articles were
Planning Board articles, he had no objections to extending the meeting until
after school vacation. 11:09 P. M.
Motion to adjourn to Wednesday, April 6, 1977 at 8 P. M. in Cary Memorial Hall
declared carried by voice vote. 11:10� M.
A true copy, a
�f_ , � ?dU ia�
Attest: '� �,
aJy R. McDonough, TAn Clerk
S:
ADJOURNED TOWN MEETING
APRIL 6, 1 977
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:.12 P. M. in Cary Memorial Hall.
There were 186 Town Meeting Members present.
Invocation offered by Rev. John Allen Broyles, Pastor of the Lexington United
Methodist Church. 8:12 P. M_
Article 63. Stephen W. Doran moved that this article be indefinitely postponed.
Carried Unanimously. 8:13 P. M.
Howard M. Kassler moved that Article 50 be taken from the table.
Carried by voice vote. 8:13 P. M.
Article 50. Presented by Howard M. Kassler.
MOTION: (a) That the care, custody, management and control of a
portion of land shown as Lot 90 on Assessors' Property Map 31,
consisting of approximately 3.25 acres more or less along the southern
(See boundary of said parcel be transferred from the School Department
Pages to the Board of Selectmen, and
198. (b) That the Selectmen be and they are hereby authorized to convey
and such land to Robert Cataldo on such terms as the Selectmen deem
216 - advisable, provided the grantee(1) conveys to the Town of Lexington
218 inc.) for conservation purposes the land shown as Lot 67A on Assessors'
Property Map 16, consisting of 3.25 acres more or less, along with
access from Blossomcrest Road (2) conveys a walking easement from
Marrett Road to the remaining school land shown as Lot 90 on Assessors'
Property Map 31 over grantee's land and constructs and landscapes a
walkway within 20 feet of the existing stream on the westerly side of
land owned by grantee and shown as Lot 60A on Assessors' Property Map
31 and (3) bears all expenses of the conveyance.
8:15 P. M.
Mr. Kassler stated that Mr. Cataldo approached the Board of Selectmen
as he wanted to build a house and farm this land. It was felt, by the
Board, that this was not something to be decided by the Selectmen as a
precedent would be started and should instead be brought before the
town meeting. A committee to look into this was set up as follows:
Otis S. Brown, Jr., School Committee member, Paul J. MacKenzie of the
Planning Board, Francis W. K. Smith of the Conservation Commission
and Howard M. Kassler representing the Board of Selectmen. There will
not be any money passed as this will be a land swap with Mr. Cataldo.
The estimated value of the land to be conveyed to Mr. Cataldo is
$32,500_ and the estimated value of the land to be conveyed to the
town by Mr. Cataldo is $56,500. A letter has been received by the
Selectmen from the School Committee stating that they (the School
Committee) have voted that they have no interest in the Cotton prop-
erty on Marrett Road at this time or any time in the future.
8:25 P. M.
Paul J. MacKenzie, Chairman of the Planning Board, spoke in opposition.
8:27 P. M.
In response to a question by Frank sandy, Mr. Kassler stated that the
appraiser was the choice of the town and is the same one that is used
by the Conservation Commission. 8:30 P. M_
Francis W. K. Smith spoke in favor of this article for the Conserva-
tion Commission. 8:42 P. M.
After much discussion, much of it regarding the fact that Mr. Cataldo
was a former Selectman, both pro and con, John P. Carroll moved the
previous question, which was declared carried by voice vote.
8:49 P. M.
(Adj,ourned Town Meeting - April 6, 1977)
Article 50. Paul W. Marshall asked for a roll call vote. 8:50 P. M.
(Cont.)
The Moderator asked if there were 50 Town Meeting Members in favor of
a roll call and the following counts were given by precincts:
Precinct One 4
Precinct Two 11
Precinct Three 10
Precinct Four 5
Precinct Five 0
Precinct Six 8
Precinct Seven 8
Precinct Eight 4
Precinct Nine 3
At Large 7
Total 60
The Moderator stated that a roll call vote was in order. 8:50 P. M.
The Moderator then stated that the motion under Article 50 would be
divided - a separate vote for part (a) and part (b) and did the
members want a roll call vote on both parts.
8:52 P. M.
Paul W. Marshall withdrew his request for a roll call vote on
part (a) but not for part (b). 8:53 P. M.
Edward E. Furash stated that the Appropriation Committee had met with
the Board of Selectmen and were entirely satisfied with this land
swap and he said that he would personally vote in favor.
9 P. M.
Paul J. MacKenzie, Chairman of the Planning Board, stated that the
Planning Board was unanimously opposed. 9:03 P. M.
The Moderator stated that there would not be a roll call on part (a).
A voice vote was taken but was not unanimous, so a standing vote was
taken as follows:
Precinct In Favor Tellers Opposed
1 11 Jerome J. Green 5
2 10 Michael J. O'Sullivan 6
3 5 Lilah H. Groisser 12
4 10 Richard F. Perry 6
5 10 Guy W. Doran 9
6 4 John T. Harvell 12
7 7 Leo J. Grace 10
8 14 Robert J. Burbidge 6
9 10 Jane P. Buckley 6
At Large 18 Howard L. Levinqston 5
Totals 99 77
Less than the required two- thirds having voted in favor, part (a)
of Article 50 is not adopted. 9:08 P. M.
The Moderator stated that part (b) is inoperable as part (a) was
defeated. A voice vote on part (b) was taken and the Moderator
declared that Article 50, part (b) was not adopted.
9:10 P. M.
James M. McLaughlin served notice of reconsideration of Article 50.
9:10 P. M.
x
(Adjourned Town Meeting - April 6, 1977)
Article 64. Presented by Mary W. Miley.
MOTION: That the Standing Plumbing and Building By -Law Committee
created under Article 27 of the Warrant for the November 25, 1963
Special Town Meeting be dissolved.
Carried Unanimously. 9:11 P. M.
Article 65. Presented by William R. Page,
MOTION: That the Town vote to instruct the Board of Selectmen to
appoint a committee to cooperate with the National Science Founda-
tion in conducting a forum, conference, or workshop to increase public
understanding in Lexington of the impact of research on the allevia-
tion of the problems of old age.
9:12 P. M.
Howard M. Kassler stated that the Board of Selectmen complimented and
thanked Mr. Page for his work on this subject and unanimously
supported the article. 9:20 P. M.
Main motion, as presented by Mr. Page, carried unanimously.
9:23 P. M.
Article 66. Presented by Margery M. Battin.
MOTION: (A) That the Town accept Section 8E of Chapter 40 of the
General Laws and establish a youth commission consisting of seven
members. (B) That it is the desire of this meeting that one
appointee be between the ages of 18 and 21, and that the youth
commission appoint an advisory committee consisting of youth.
9:24 P. M.
Mrs. Battin stated that this new commission was recommended by the
Drug Advisory Committee, the Youth Advisory Commission (which would
be dissolved) and a majority of the Board of Selectmen. This
commission would be appointed by the Town Manager with the approval of
the Board of Selectmen and could only be dissolved by town meeting
and not the Board of Selectmen alone. 9:23 P. M.
Sumner Perlman of the Drug Advisory Committee and Nancy Abelmann of
the Youth Advisory Commission both spoke in favor of this motion.
9:33 P. M.
Edward E. Furash stated that the Appropriation Committee were in
favor of this article. 9:36 P. M.
Main motion, as presented by Mrs. Battin, declared carried by voice
vote. 9:47 P. M.
Article 67. Presented by Mary W. Miley.
MOTION: That the Town accept Section 9E of Chapter 32B of the
General Laws. 9:48 P. M. (GOVERNMENTAL UNITS MAY MAKE PAYMENT
OF SUBSIDIARY OR ADDITIONAL RATE FOR INSURANCE FOR RETIRED EMPLOYEES)
Mrs. Miley stated that this involved 180 pensioners at this time.
Motion, as presented by Mrs. Miley, carried unanimously. 9:48 P. M.
Mary W. Miley moved that Article 4, Item #1700 be taken from the table.
Carried by voice vote. 9:49 P. M.
Article 4. Presented by Mary W. Miley.
Insur ance (See Page 170.)
#1700 Group $709,000.
Carried Unanimously_ 9:50 P. M.
(Adjourned Town Meeting - April 6, 1977)
Article 68. Presented by Margery M. Battin.
MOTION: That the Town accept Section 41B of Chapter 41 of the
General Laws.
9:51 P. M. (PAYMENT OF PUBLIC EMPLOYEES BY
DIRECT BANK CREDITS)
Edward E. Furash stated that he would abstain from voting on this
article. 9:52 P. M.
Motion, as presented by Mrs. Battin, carried unanimously.
9:53 P. M.
Article 69. Presented by Alfred S. Busa.
MOTION: That the Town vote to accept the following gifts:
(Sec. (A)
adopted) (A) a gift of money from the Bicentennial Corporation;
(B) a gift of a bandstand to be constructed on town owned land as
(Sec. (B) designated by the Board of Selectmen and, if necessary, the Board of
referred Selectmen are authorized to petition the General Court for an act to
to permit the construction of the bandstand on the land so designated.
Permanent 9:53 P. M.
Building
Comm.) Richard A. Michelson, President of the Bicentennial Corporation,
stated that through the sale of booklets and medals a check in the
amount of $14,808.07 would be presented to the Town.
9:57 P. M.
Edward E. Furash, Chairman of the Appropriation Committee, thanked
Mr. Michelson and told him that he was a man of his word.
9:57 P. M.
Section (A) A voice vote was taken on Section (A) of Article 69
and said Section (A) was declared carried.
9:57 P. M.
Louis A. Zehner, Town Treasurer, accepted, in behalf of the Town,
the check in the amount of $14,808.07 from Mr. Michelson.
9:57 P. M.
Section (B) is now on the floor for discussion.
Mr. Busa stated that a group of citizens of the town are to give a
sum of money for a bandstand and the thought at this time is to have
the bandstand constructed on Hastings Park.
10 P. M.
(Motion William J. Scouler moved that Article 69, Section (B) be referred to
adopted the Permanent Building Committee for study.
under 10:05 P. M.
Sec. (B).)
In response to a question by Charles E. Connolly regarding alternate
locations for the bandstand, Mr. Busa stated that two possibilities
were Tower Park and Parker Field. 10:08 P. M.
Arthur E. Burrell moved the previous question which was declared
carried by voice vote. 10:08 P. M.
Voice vote on Article 69, Section (B) was doubted, so a standing
vote was taken as follows:
Precinct In Favor Tellers Opposed
1 5 Jerome J. Green 9
2 4 Michael J. O'Sullivan 12
3 16 Lilah H. Groisser 3
4 11 Richard F. Perry 7
5 10 Guy W. Doran 7
6 13 John T. Harvell 4
7 15 Leo J. Grace 2
8 7 Robert J. Burbidge 13
9 8 Jane P. Buckley 7
At Large 3 Howard L. Levingston 19
Totals 92 83
Referral of Art. 69, Sec. (B) to Permanent Building Committee adopted.
10:11 P. M.
(Adjourned Town Meeting - April 6, 1977)
Article 70. Presented by Howard M. Kassler.
MOTION: That the Town establish a remembrance fund for the receipt
of gifts or bequests for the beautification of any town owned
cemetery to be administered as provided in Section 25 of Chapter 114
of the General Laws.
Carried by voice vote. 10:14 P. M.
Article 71. Presented by Joseph O. Rooney.
(See MOTION: That the Town vote to authorize the Lexington Housing
below Authority to plan and construct a state -aided housing project for
for elderly persons of low income, consisting of not more than sixty
motion dwelling units, pursuant to General Laws Chapter 121B, Section 39
as as amended.
adopted) 10:15 P. M.
William T. Spencer offers the following amendment:
MOTION: That Article 71 be amended by adding at the end the
following sentence:
"Further, it is the sense of this Town Meeting that the Lexington
Housing Authority should continue and expand its efforts to provide
general low income housing."
10:15 P. M.
Mr. Rooney stated that the Lexington Housing Authority is not opposed
to this amendment. 10:17 P. M.
Fred C. Bailey served notice of reconsideration of Article 69, Section (B).
10:18 P. M.
Article 71. After general discussion, Mr. Spencer's motion to amend declared
Cont.) carried by voice vote. 10:26 P. M.
Main motion as amended now reads:
(Motion MOTION: That the Town vote to authorize the Lexington Housing
as Authority to plan and construct a state -aided housing project for
adopted) elderly persons of low income, consisting of not more than sixty
dwelling units, pursuant to General Laws Chapter 121B, Section 39
as amended. Further, it is the sense of this Town Meeting that the
Lexington Housing Authority should continue and expand its efforts
to provide general low income housing.
Main. motion, as amended, declared carried unanimously. 10:26 P. M.
Article 72. Presented by Joseph O. Rooney.
MOTION: That the Selectmen be and they hereby are authorized to
convey a parcel of land on the southerly side of Woburn Street shown
as parcel containing 4.4 acres, more or less, on plan entitled "Plan
of Land in Lexington, Mass," dated February 11, 1969, E. Conrad Levy
& Assoc., Surveyors and Engineers recorded in Middlesex South Registry
of Deeds Book 12177, Page 550, to the Lexington Housing Authority;
on such terms as the Selectmen shall determine.
10:27 P. M.
Paul J. MacKenzie stated that the Planning Board supports this article
as an orderly first step for a land bank. 10:36 P. M.
After a brief recess called by the Moderator from 10:40 P. M. to
10:42 P. M., the motion, as offered by Mr. Rooney, declared carried
by voice vote. 10:43 P. M.
(Adjourned Town Meeting - April 6, 1977)
Article 73. Presented by Joseph O. Rooney.
MOTION: That the Zoning By -Law of the Town be amended by adding a
(See new subsection 22.48 as follows:
Page
206) "A district on the southerly side of Woburn Street as shown on the
Zoning District Map No. RM -6 entitled "RM Garden Apartment Districts ",
designated thereon 22.48."
10:44 P. M.
Paul J. MacKenzie stated that the Planning Board supported this
article and filed the Report of the Planning Board covering
Article 73. 10:48 P. M.
After general discussion, including the existence of Zoning District
Map No. RM -6, Eric T. Clarke moved that the meeting be adjourned.
10:53 P. M.
Howard M. Kassler said that there would only be three Selectmen available
after April 15th to the end of the month, therefor, as he had stated on Monday
evening, as there would probably be at least three more sessions of town meeting
he was recommending either Monday, Tuesday, Wednesday and Thursday if necessary.
10:54 P. M.
Robert M. Gary asked why it was necessary to have five Selectmen to finish the
town meeting. 10:55 P. M.
The Moderator asked for the sense of the meeting about holding sessions on
Monday, Tuesday and Wednesday if necessary, or, Monday, Wednesday and Thursday.
The Moderator stated, that, by a show of hands, it appeared that the members
preferred Monday and Wednesday. 10:56 P. M.
Paul J. MacKenzie, Chairman of the Planning Board, said he recommended Monday
and Wednesday and dissolving the meeting on Wednesday Night as he felt that all
articles would be completed then. 10:57 P. M.
Mr. Kassler moved to amend Mr. Clarke's motion to adjourn, by adding that
the meeting be adjourned to Monday, April 11, 1977 at 8 P. M. in Cary Memorial
Hall. Carried. 10:57 P. M.
Motion to adjourn, as amended, to Monday, April 11, 1977 at 8 P. M. in Cary
Memorial Hall declared carried by voice vote.
10:58 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED TOWN MEETING - APRIL 11, 197
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:10 P. M. in Cary Memorial Hall.
There were 182 Town Meeting Members present.
Invocation was offered by Rabbi Cary D. Ya.l.es of the Temple Isaiah.
8:12 P. M.
The Moderator stated that the meeting continues to be open on Article 73.
(Article 73 was presented at the April 6, 1977 Adjourned Session - See Page 205)
8:12 P. M.
Article 73. Joseph O. Rooney presented a substitution motion as follows:
MOTION: That the Zoning By -law of the Town be amended by adding a
(See new subsection 22.48 as follows for the purpose of rezoning the parcel
Page of land containing 4,4 acres, more or less, which was described and
205) authorized to be conveyed by the Selectmen to the Lexington Housing
Authority for one dollar or any other sum by the vote under Article
(Approved 72 of the warrant for this meeting and which is shown on a map on
by file with the Town Clerk:
Atty. Gen.,
June 15, "A district on the southerly side of Woburn Street as shown on the
1977, Zoning District Map No. RM -6 entitled "RM Garden Apartment Districts ",
designated thereon 22.48 ".
Advt. in 8:13 P. M.
Lex. Min.
Man, Paul J. MacKenzie stated that the Planning Board unanimously supported
July 7, this motion. (Planning Board Report filed under Article 73 at the
14 & 21, April 6, 1977 Adjourned Town Meeting,) 8:15 P. M.
1977)
Substitute motion, as presented by Mr_. Rooney, declared carried
unanimously. 8:15 P. M.
Howard M. Kassler moved that Article 5 be taken off the table, which was
carried unanimously. 8:15 P. M.
Article 5. Presented by Howard M. Kassler.
MOTION: That $240,000.00 be appropriated for the ensuing fiscal
year, in addition to those authorized under Article 4 of this Warrant
to fund cost items resulting from collective bargaining and the
additional funds required for Fiscal 1978 and to raise such amount,
$3,135.00 in available P.L. 94 -369 (Anti- Recession Fiscal Assistance
Funds) is to be applied and $236,865.00 be raised in the tax levy.
The amount voted is to be distributed among the following accounts
as authorized by the Board of Selectmen:
1000 Selectmen
1060 Town Manager
1075 Clerical Services
1130 Director of Guides
1141 Tuition and Training
1150 Town Clerk
1500 Board of Appeals
1600 Planning Board
2000 Board of Registrars
2470 Recreation
2500 Treasurer & Collector
2800 Comptroller
2950 Assessors
3250 Health
3500 Animal Control
3760 Police Department Management and Staff
3770 Police Collective Bargaining Unit
41.10 Fire Department Management and Staff
4300 Local Disaster Services
4450 Inspection
4900 D.P.W. Collective Bargaining Unit
4950 Department of Public Works Management and Staff
(Adjourned Town Meeting - April 11, 1977)
Article 5. 5100 Engineering
(Cont.) 5200 Town Building Maintenance
7100 Veterans' Benefits
7500 Library
7825 Non - Contributory Pension Fund
8:18 P. M.
Robert M. Hutchinson, Jr., Town Manager, stated that the agreements
with the Police Department and the D.P.W. Collective Bargaining Units
have been concluded. The agreement with the Fire Department has not
been reached at this time, and, if not concluded before the end of
this town meeting, it will be necessary to have a Special Town
Meeting. 8:23 P. M.
Main motion, as presented by Mr. Kassler, declared carried unanimously.
8:23 P. M.
Fred C. Bailey served notice of reconsideration of Article 5.
8:23 P. M.
Richard A. Michelson moved for reconsideration of Article 34.
8:23 P. M.
Howard M. Kassler stated that the Board of Selectmen favored reconsideration
of Article 34 as did William J. Scouler of the Permanent Building Committee.
8:30 P. M.
Reconsideration of Article 34, as presented by Mr. Michelson, declared
carried by voice vote. 8:31 P. M.
Article 34. Howard M. Kassler presented a substitute motion as follows:
(Original motion presented March 30, 1977 - See Page 186)
(See MOTION: That Article 34 be amended to appropriate a sum of
next page $19,500. for preliminary plans and specifications for renovating and
for adding to the Center Pool Complex, and that such item be raised in
motion the tax levy. 8:32 P. M.
as
adopted) Richard A. Michelson moved that the amount of $50,000. be deleted
and the amount of $15,750. be inserted. 8:33 P. M.
The Moderator stated that as Mr. Michelson is moving to amend the
substitute motion, the figure should be $19,500. instead of $50,000.
Therefore, the motion to amend should read:
Motion: That the amount of $19,500. be deleted and the amount of
$15,750. be inserted. 8:33 P. M.
Jerome J. Green moved to amend the substitute motion by adding:
MOTION: In addition to considering the present pool location as a
site for a new pool complex the recreation and permanent building
committees shall consider two additional sites adjacent to the high
school, one on the east side of the present field house and the other
on the west side, each in close proximity to the high school locker
room facilities. 8:33 P. M.
The Moderator stated that questions or discussion would be first on
Mr. Green's amendment.
Mr. Kassler stated that the Board of Selectmen had no objections to
- Mr. Green's amendment. Mrs. Uhrig stated that the Recreation
Committee did not have any objections to Mr. Green's amendment and
urged the meeting to support the larger sum of money.
8:38 P. M.
Mr. Green's motion to amend was declared carried by voice vote.
8:38 P. M.
Mr. Michelson's motion to amend was declared lost by voice vote.
8:40 P. M.
( Adjourned Town Meeting - April 1.1, 1977)
Article 34. Mr. Kassler's motion to substitute a motion for the original motion,
(Cont.) as amended by Mr. Green, declared carried by voice vote.
8:41 P. M.
The substitute motion, as amended, which is now the original motion,
now reads:
MOTION: That Article 34 be amended to appropriate a sum of $19,500.
for preliminary plans and specifications for renovating and adding
to the Center Pool Complex, and that such item be raised in the tax
(Motion levy.
as
adopted) In addition to considering the present pool location as a site for a
new pool complex the recreation and permanent building committees
shall consider two additional sites adjacent to the high school, one
on the east side of the present field house and the other on the
west side, each in close proximity to the high school locker room
facilities.
Substitute motion, as amended, which is now the original motion,
declared carried by voice vote.
8:41 P. M.
Article 74. Presented by Paul J. MacKenzie.
MOTION: That the Town accept Chapter 808 of the Acts of 1975
entitled "An Act Further Regulating the Zoning Enabling Act."
8:42 P. M.
Paul J. MacKenzie stated that the Planning Board unanimously feel
that this is the first step in the process of bringing the Lexington
Zoning By -law into conformance with Chapter 808. They do not feel
that this article should be postponed.
8:47 P. M.
(Motion Dan H. Fenn, Jr. moved that Article 74 be referred back to the
as Planning Board for further study, consultation with other relevant
adopted) Boards and an appropriate program of public education on the
subject matter. 9:13 P. M.
Mr. MacKenzie spoke against the motion to refer. 9:14 P. M.
Alfred S. Busa stated that the Board of Selectmen, four to one,
favored the motion to refer Article 74 back to committee.
9:21 P. M.
Mr. Fenn's motion to refer declared carried by voice vote, which was
doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 13 Jerome J. Green 4
2 12 Michael J. O'Sullivan 7
3 11 Lilah H. Groisser 8
4 9 Richard F. Perry 8
5 12 Guy W. Doran 3
6 7 John T. Harvell 11
7 6 Leo J. Grace 12
8 17 Robert J. Burbidge 1
9 9 Jane P. Buckley 5
At Large 17 Howard L. Levingston 6
113 65
Motion to refer Article 74 back to the Planning Board, as presented
by Mr. Fenn, adopted. 9:28 P. M.
Paul J. MacKenzie filed the Planning Board Report covering Articles 74 - 84.
9:28 P. M.
Articles 75 - 84 inclusive. (See Pages 212 & 213.)
(Adjourned Town Meeting - April 11, 1977)
Manfred P. Friedman moved that Article 85 be taken up after Article 74.
Carried by voice vote. 9:28 P. M.
Article 85. Presented by Manfred P. Friedman.
MOTION: That the General By -Laws of the Town of Lexington be
amended by adding a new Section XXXIII entitled "General By -Law
(Approved for Wetland Protection" as set forth in the "Reports of the Lexington
b Planning Board to the 1977 Annual Town Meeting ". Marginal
Atty. Gen., references are not included. 9:29 P. M.
July 27,
1977. (Article 85 as set forth in the "Reports of the Lexington Planning
Board to the 1977 Annual Town Meeting" as follows:
Advt. in
Lex. Min. MOTION: To amend the General By -Laws of the Town of Lexington by
Man, adding a new Section XXXIII as follows:
Aug. 18,
25 & General By -Law For Wetland Protection
Sept. 1,
1977) SECTION 1
No person shall remove, fill, dredge, build upon or alter any bank,
freshwater wetland, marsh, bog, wet meadow or swamp bordering on any
creek, river, stream, pond or lake or any land under said waters, or
any land bordering thereon as hereinafter defined, or any land subject
to flooding or inundation other than in the course of maintaining,
repairing or replacing, but not substantially changing or enlarging
an existing and lawfully located structure or facility used in the
service of the public and used to provide electric, gas, water, tele-
phone, telegraph and other tele- communication services without first
filing written notice of his intention to so remove, fill, dredge, alter
or build upon, including such plans as may be necessary to fully
describe such proposed activity and its effect on the environment
without receiving and complying with a permit issued by the Conserva-
tion Commission. Said notice shall be sent by certified mail to the
Conservation Commission. Each such notice shall be accomplished by a
filing fee of Twenty -five dollars ($25.) payable to the Town of
Lexington. Copies of such notice shall be sent at the same time, by
certified mail, to the Town Engineer, Board of Selectmen, Planning
Board and the Board of Health. Such notice may be sent before any or
all permits, variances and approvals required by the Zoning By -Law or
by the Subdivision Control Law and the Regulations of the Planning
Board thereunder have been obtained. Upon written request of any
person, the Conservation Commission shall within 21 days make a
written determination as to whether this By -Law is applicable to any
land or work thereon. Where such person is other than the owner
notice of any such determination shall be sent to the owner and to
the person making such request.
SECTION 2
The Conservation Commission shall hold a public hearing on the
proposed activity within 30 days of the receipt of said notice.
Notice of the time and place of said hearing shall be given by the
Conservation Commission at the expense of the applicant, not less than
five days prior to such hearing by publication in a newspaper of general
circulation in Lexington, and by delivering or mailing a notice thereof
to the applicant, to the Board of Health, Board of Selectmen, the Town
Engineer and the Planning Board, to abutters of the land (as determined
by the most recent assessor's records) on which the proposed activity
is to take place and to such other persons as the Conservation
Commission may determine. The Conservation Commission, the Town
Manager, the Town Engineer, the Planning Board, their agents, officers
and employees may enter upon privately owned land without liability
of any kind for the purpose of performing the duties under this
Section.
') (Adjourned Town Meeting - April 11, 1977)
Article 85. SECTION 2.1
(Cont.)
If, after said hearing, the Conservation Commission determines that the
land on which the proposed work is to be done is probably significant
to public or private water supply, to the ground water supply, to
flood control, to storm damage prevention, to other water damage
prevention, to the prevention of pollution, to the protection of
surrounding land and _
other homes or buildings, and to the
g , protection
of streams, .ponds or other bodies of water, shall, by written order,
within 21 days or such further time as the Commission and the appli-
cant shall agree on, impose such conditions as are reasonably
necessary for the protection of the interests described herein and all
work shall be done in accordance therewith. The conditions may include
a condition that certain land or portions thereof not be built upon or
altered, filled or dredged, that streams not be diverted, dammed or
otherwise disturbed.
SECTION 2.2
If the Conservation Commission makes a determination that the pro-
posed activity does not require the imposition of such conditions, the
applicant and all others who have received notice of such hearing by
mail shall be notified of such determination within 21 days after said
hearing.
SECTION 2.3
The Conservation Commission shall not impose additional or more
stringent conditions as a result of any hearing conducted by it pur-
suant to General Laws, Chapter 131, Section 40 than it has imposed
pursuant to the provisions of this By -Law, nor shall it require from
an applicant who filed a notice of intention pursuant to General Laws,
Chapter 131, Sectioft2additional materials or data than is required of
him pursuant to the application filed under this By -Law.
SECTION 3
This By -Law shall not apply to any emergency project as defined in
General Laws, Chapter 131, Section 50, to any mosquito control project
authorized by any laws of the Commonwealth or to any work performed for
normal maintenance or improvement of land actively devoted to agri-
cultural use at the time of application..
SECTION 4
Any person who purchases, inherits or otherwise acquires real estate
upon which work has been done in violation of the provisions of this
By -Law or in violation of any order issued under this By -Law shall
forthwith comply with any such order or restore such land to its
condition prior to any such violation; provided, however, that no
action, civil or criminal, shall be brought against such person unless
such action is commenced within three years following the recording
of the deed or the date of the death by which such real estate was
acquired by such person. The Town Manager and the Board of Selectmen
shall, upon .request of the Conservation Commission, instruct Town
Counsel to take such legal. action as may be necessary to restrain a
violation of this By -Law, and enforce the orders of the Conservation
Commission hereunder, and the Town Counsel shall forthwith comply with
such instructions.
SECTION 5
The Conservation Commission may promulgate after due notice and public
hearing Rules and Regulations to effectuate the purposes of this By-
Law. However, failure by the Commission to promulgate such rules and
regulations or a legal declaration of their invalidity by a court of
law shall not act to suspend or invalidate the effect of this By -Law.
(Adjourned Town Meeting - April 11, 1977)
Article 85. SECTION 6
(Cont.)
The applicant shall have the burden of proving by a preponderance
of the credible evidence that the work proposed by him in his notice
of intention will not cause significant harm to the interest sought
to be protected by this By -Law. Failure to provide to the Conserva-
tion Commission adequate evidence for it to determine that the
proposed work does not cause significant harm to the interest sought
to be protected by this By -Law shall be sufficient cause for the
Conservation Commission to deny such permit or to grant such permit
with such conditions as it deems reasonably necessary or desirable to
carry out the purposes of this By -Law or to postpone or continue
the hearing to another date certain to enable the applicant and
others to present additional evidence, upon such terms and conditions
as seems to the Commission to be just.
SECTION 7
The following definitions shall apply in the interpretation and
implementation of this By -Law.
Section 7.1 The term "applicant" as used in this By -Law shall
mean a person giving notice of intention to build, remove, fill,
dredge or alter.
Section 7.2 The term "person" as used in this By -Law shall in-
clude any individual, group of individuals, associations, partnerships,
corporations, business organizations, trust, estate, Commonwealth of
Massachusetts when subject to town By -Laws, any public or quasi -
public corporation or body when subject to town By -Laws or any other
legal entity, including the Town of Lexington or its legal rep-
resentatives, agents or assigns.
Section 7.3 The terms marsh, freshwater wetland, swamp, wet
meadow, bog, as used in this By -Law shall be defined as defined in
c 1 General Laws Chapter 131 Section 40.
Section 7.4 The word "alter shall be defined as including but
not limited to one or more of the following actions upon areas
described in the act.
(a) The removal, excavation or dredging of soil, sand, gravel
or aggragate material of any kind;
(b) the changing of pre- existing drainage characteristics,
flushing characteristics, salinity distribution, sedimentation patterns,
flow patterns and flood storage retention areas;
(c) the drainage or disturbance of the water level or water
table, the dumping, discharging or filling with any material which
could degrade the water quality;
(d) the driving of piling, erection of buildings or structures of
any kind;
(e) the placing of obstructions whether or not they interfere
with the flow of water;
(f) the destruction of plant life, including the cutting of
trees, which might result in environmental damage to the land or a
part thereof rendered by this By -Law;
(g) the changing of water temperature, biochemical oxygen demand
and other natural characteristics of the receiving water;
(h) any activities, changes or work which pollutes any stream or
body of water, whether located in or out of the Town of Lexington.
Section 7.5 "Banks" shall be defined as land adjoining any body
of water which serves to confine said water.
Section 7.6 "Bordering" shall be defined including any land
within either of the following:
(Adjourned Town Meeting - April 11, 1977)
Article 85. (a) 100 feet horizontally lateral from the bank of any beach,
(Cont.) marsh, meadow or swamp bordering on a creek, river, stream, pond,
lake or wetland.
(b) 100 feet horizontally lateral from the water elevation of the
100 year storm or whichever is the greater distance of (a) or (b).
Section 7.7 The Conservation Commission may in its rules and
regulations provide such other definitions, or terms used in this
By -Law, as it deems useful in order to carry out its obligations
under this By -Law.
SECTION 8
The Conservation Commission may, as part of its order of conditions,
require, in addition to any security required by any other town or
state Board, Commission, agency or officer, that the performance and
observance of the conditions imposed hereunder be secured by one, or
in part by one and in part by the other of the methods described in
the following clauses (1) and (2):
(1) By a proper bond or a deposit of money or negotiable securities,
sufficient in the opinion of the Conservation Commission to secure
performance of the conditions and observance of the safeguards of such
order of conditions.
(2) By a covenant, executed and duly recorded by the owner of
record, running with the land, whereby the conditions and safeguards
included in such order of conditions shall be performed before any
lot may be conveyed other than by mortgage deed.
SECTION 9
Whoever violates any provision of this By -Law shall be punished by
a fine of not more than $200. Each day or portion thereof of continuing
violation shall constitute a separate offense. This By -Law may be
enforced by any Town Police Officer or other officer having police
powers.
SECTION 10
The invalidity of any section or provision of this By -Law shall not
invalidate any other section or provision thereof, nor shall it
invalidate any order of conditions which have previously become final.)
Mr. Friedman stated that the Planning Board unanimously supported
this article as dial John J. McSweeney, Director of Public Works and
Jerry Martin, Assistant Town Engineer. The Report of the Planning
Board covering Article 85 was filed by Mr. Friedman.
9:34 P. M.
Francis W. K. Smith stated that the Conservation Commission favored
passage of this article. 9:38 P. M.
Main motion, as presented by Mr. Friedman, declared carried by voice
vote. 9:39 P. M.
Article 75. Paul J. MacKenzie moved that Article 75 be referred to the Planning
Board for further study and public education.
Carried Unanimously. 9:39 P. M.
(See Page 219 for Report)
Article 76. Paul J. MacKenzie moved that this article be indefinitely postponed.
Carried Unanimously. 9:40 P. M.
Article 77. Paul J. MacKenzie moved that Article 77 be referred to the Planning
Board for further study and public education.
Carried Unanimously. 9:40 P. M.
Article 78. Paul J. MacKenzie moved that Article 78 be referred to the Planning
Board for further study and public education.
Carried Unanimously. 9:40 P. M.
(Adjourned Town Meeting - April 11, 1977)
Article 79. Paul J. MacKenzie moved that Article 79 be referred to the Planning
Board for further study and public education.
Carried Unanimously. 9:41 P. M.
Article 80. Paul J. MacKenzie moved that Article 80 be referred to the Planning
Board for further study and public education.
Carried Unanimously. 9:41 P. M.
Article 81. Paul J. MacKenzie moved that Article 81 be referred to the Planning
Board for further study and public education.
Carried by voice vote. 9:41 P. M.
Article 82. Paul J. MacKenzie moved that Article 82 be referred to the Planning
Board for further study and public education.
Carried by voice vote. 9:42 P. M.
Article 83. Paul J. MacKenzie moved that this article be indefinitely
postponed.
Carried Unanimously. 9:42 P. M.
Article 84. Paul J. MacKenzie moved that Article 84 be referred to the Planning
Board for further study and public education.
Carried Unanimously. 9:45 P. M.
Paul J. MacKenzie filed the Reports of the Planning Board covering Articles
77 through 82 and Article 84. 9:45 P. M.
Article 85. (See Pages 209 - 212 inc.)
Article 86. Presented by Jonathan P. Doran.
MOTION: That the zoning by -law of the Town of Lexington be amended
by adding a new subsection 22.52. R.D - Multi - family dwelling
district as follows:
(MOTION 22.52 A district on the Southerly side of East Street and the
as Northeasterly side of Fiske School as shown on the zoning District
ADOPTED) Map No. RD -2 - entitled RD Multi Dwelling District Designated
thereon 22.52.
(Approved Described as follows:
by
Atty. Gen., NORTHERLY by East Street, 858.20 feet;
June 15, NORTHWESTERLY by the intersection of East Street and Adams
1977. Street, 128.46 feet;
SOUTHWESTERLY by land of the Town of Lexington, 988.68 feet;
Advt. in SOUTHEASTERLY 254.2 feet;
Lex. Min. SOUTHWESTERLY 412 feet;
Man, WESTERLY 112 feet;
July 7, 14 SOUTHERLY 180 feet;
and 21, SOUTHEASTERLY 201.4 feet;
1977) NORTHEASTERLY 378.1 feet;
SOUTHEASTERLY 130.8 feet, 35.5 feet and 148.8 feet;
NORTHEASTERLY 131.95 feet;
NORTHERLY 210 feet; and
EASTERLY 190 feet to the point of beginning.
Containing 16.35 acres of land.
9:47 P. M.
Builder, Mark Moore, Jr. and Michael Weinmyer, Site Planner, spoke
on the article. There will be 1, 2, and 3 bedroom homes with 2.8
building units per acre. There will be two access points from
East Street and one of them will be an access to Fiske School.
10:02 P. M.
Sheila M. Busa served notice of reconsideration of Article 85. 10:02 P. M.
(Adjourn Town Meeting - April 11, 197
Article 86. Edward E. Furash submitted a written notice stating that he would
(Cont.) abstain from voting on Article 86.
Mr. Weinmyer stated that the price range of these units would be
$50,000. to $100,000. 10:10 P. M.
Paul. J. MacKenzie stated that the Planning Board unanimously
supported this article and filed the Report of the Planning Board
covering Article 86. 10:10 P. M.
Albert P. Zabin moved the previous question, which was declared
carried by voice vote. 10:20 P. M.
Marc M. Nezer of 50 East Street spoke in favor of the motion and was
quite pleased that the children could walk to school on the roadway
through this complex. 10:22 P. M.
Voice vote on Mr. Doran's motion was not unanimous so a standing vote
was taken as follows:
Precinct In Favor Tellers opposed
1 13 Jerome J. Green 1
2 17 Michael J. O'Sullivan 0
3 16 Lilah H. Groisser 2
4 17 Richard F. Perry 0
5 12 Guy W. Doran 2
6 15 John T. Harvell 0
7 18 Leo J. Grace 0
8 17 Robert J. Burbidge 0
9 13 Jane P. Buckley 1
At Large 21 Howard L. Levingston 0
Totals 159 6
More than the required two - thirds having voted in favor, the main
motion presented by Mr. Doran, is adopted.
10:28 P. M.
Mary W. Miley moved to reconsider Article 28. 10:28 P. M.
Voice vote on motion to reconsider Article 28 declared lost by voice vote,
which was doubted by more than twenty members, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 5 Jerome J. Green 10
2 5 Michael_ J. O'Sullivan 13
3 5 Lilah H. Groisser 14
4 12 Richard F. Perry 5
5 3 Guy W. Doran 11
6 8 John T. Harvell 7
7 8 Leo J. Grace 10
8 6 Robert J. Burbidge 10
9 2 Jane P. Buckley 11
At Large 14 Howard L. Levings.ton 9
Totals 68 100
Motion to reconsider Article 28, as presented by Mrs. Miley, was
not adopted. 10:32 P. M.
Howard M. Kassler moved that the meeting be adjourned to Wednesday, April 13,
1977 at 8 P. M. in Cary Memorial Hall.
10:33 P_ M.
Voice vote on motion to adjourn was doubted, so a standing vote taken. as
follows:
(Adjourned Town Meeting - April 11, 1977)
Precinct In Favor Tellers Opposed
1 12 Jerome J. Green 4
2 12 Michael J. O'Sullivan 4
3 10 Lilah H. Groisser 9
4 10 Richard F. Perry 5
5 3 Guy W. Doran 12
6 8 John T. Harvell 9
7 9 Leo J. Grace 9
8 14 Robert J. Burbidge 3
9 4 Jane P. Buckley 10
At Large 15 Howard L. Levingston 8
Totals 97 73
Motion to adjourn to Wednesday, April 13, 1977 at 8 P. M. in Cary Memorial
Hall declared carried. 10:36 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
AD JOURNED TOWN MEETING - APRIL 13, 1977
Meeting called to order by the Moderator, Lincoln P. Cole, Jr. at 8:10 P.M. in
Cary Memorial Hall.
There were 186 Town Meeting Members present.
Invocation offered by Rev. Donald A. Wells, Pastor of the Trinity Covenant
Church. 8:12 P. M.
Before the meeting Paul J. MacKenzie, Chairman of the Planning Board, filed
the Planning Board Reports on Articles 87 and 88 and minority and majority report
on Article 89.
Article 87. Paul J. MacKenzie moved that Article 87 be referred to the Planning
Board.
Carried Unanimously. 8:13 P. M.
Article 88. Paul J. MacKenzie moved that Article 88 be referred to the Planning
Board.
Carried Unanimously. 8:13 P. M.
Article 89. Paul J. MacKenzie moved that Article 89 be indefinitely postponed.
Carried Unanimously. 8:13 P. M.
James M. McLaughlin moved for reconsideration of Article 50. 8:14 P. M.
Ronald W. Colwell spoke against reconsideration and asked who acquired the
appraiser and by whom was he paid. 8 :18 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, stated that Mr. Cataldo
paid for the appraiser as requested but that the town picked him as he is the
same appraiser that the Conservation Commission employs. He also stated, that,
although he just found out a few days ago that the appraiser is a director in
the bank that has Robert Cataldo's cousin as President and in which Mr. Cataldo
has shares, he has no doubt about the integrity and honesty of this appraiser.
Mr. Cataldo does not intend to do anything in his lifetime other than farm this
land. 8:25 P. M.
Francis W. K. Smith, member of the Conservation Commission, spoke in favor of
reconsideration. 8:29 P. M.
Voice vote on Mr. McLaughlin's motion to reconsider Article 50 doubted, so a
standing vote taken as follows:
Preci In Favor Tellers Opposed
1 11 Jerome J. Green 6
2 12 Michael J. O'Sullivan 7
3 8 Lilah H. Groisser 12
4 8 Richard F. Perry 8
5 6 Guy W. Doran 7.1
6 3 John T. Harvell 13
7 5 Leo J. Grace 11
8 15 Robert J. Burbidge 4
9 8 Jane P. Buckley 8
At large 16 Howard L. Levingston 7
92 87
Motion to reconsider Article 50 is adopted. 8 :43 P. M.
Article 50. (As presented by Howard M. Ka.ssler on April 4, 1977, and, at which
time, it was defeated:
(See MOTION: (a) That the care, custody, management and control of a
Pages portion of land shown as Lot 90 on Assessors' Property Map 31, con -
200 & sisting of approximately 3.25 acres more or less along the southern
201) boundary of said parcel be transferred from the School_ Department
to the Board of Selectmen, and
(Adjourned Town Meeting - April 13, 1977)
Article 50. (b) That the Selectmen be and they are hereby authorized to convey
(Cont.) such land to Robert Cataldo on such terms as the Selectmen deem
advisable, provided the grantee (1) conveys to the Town of Lexington
for conservation purposes the land shown as Lot 67A on Assessors'
Property Map 16, consisting of 3.25 acres more or less, along with
access from Blossomcrest Road (2) conveys a walking easement from
Marrett Road to the remaining school land shown as Lot 90 on Assessors'
Property Map 31 over grantee's land and constructs and landscapes a
walkway within 20 feet of the existing stream on the westerly side of
land owned by grantee and shown as Lot 60A on Assessors' Property Map
31 and (3) bears all expenses of the conveyance.)
Ralph J. Frissore and a Mr. Hathaway, both property owners on
Blossomcrest Road, spoke in favor of the article and the land swap.
8:47 P. M.
Frank Sandy moved that a roll call be taken on Article 50 when the
vote is taken. 8:48 P. M.
The Moderator asked if there were 50 Town Meeting Members in favor
of a roll call and the following counts were given by precincts:
Precinct One 9
Precinct Two 10
Precinct Three 13
Precinct Four 5
Precinct Five 5
Precinct Six 10
52
The Moderator stated that a roll call vote was in order and it would
not be necessary to get a count from the other three precincts as
the vote was over 50. He also stated that the sections would not be
divided for voting purposes, as they had been on April 4, 1977, as a
two - thirds vote was needed on the whole article as presented.
8:50 P. M.
be
Francis W. K. Smith moved that the article /amended by adding after the
word " Cataldo" "subject to the restriction that only one house and
barn and customary out buildings be built thereon and" and adding
after the word "such" the word "other ".
8:50 P. M.
At the request of Mr. Kassler, Robert Cataldo was recognized and
spoke on the article. 8 :54 P. M.
Albert P. Zabin spoke for the Planning Board in opposition to the
motion and Mr. Kassler stated that three Selectmen were in favor and
two opposed. 9:02 P. M.
Amendment, as presented by Mr. Smith, declared lost by voice vote.
9:03 P. M.
Albert P. Zabin moved that Article 50 be referred to the Board of
Selectmen for further evaluation, negotiation and development of a
policy covering transfer of public land.
9:03 P. M.
Robert A. Bowyer asked if Mr. Zabin would accept a substitute motion
and read the following amendment:
MOTION: That the subject matter of Article 50 be referred to the
Board of Selectmen and that the Board of Selectmen, after consultation
with the Planning Board, the School Committee and the Conservation
Commission, be requested to submit to the 1978 Annual Town Meeting a
written policy on the disposition of public land declared to be
"surplus" or no longer needed, for the public purpose for which it
was originally acquired, said policy to include at least: 1) the
transfer of such land from one board or committee of the Town to
another, 2) the disposition of land to private parties, and 3) the
notification to the general public of land available for purchase
by private parties.
9:06 P. M.
(Adjourned Town Meeting - April 13, 1977)
Article 50. As there were no objections from the meeting, Mr. Zabin withdrew his
(Cont.) motion to 'amend. 9:07 P. M.
The Moderator stated that Mr. Bowyer's amendment is now the only
amendment on the floor. 9:07 P. M.
After much discussion, a voice vote was taken on Mr. Bowyer's motion
to amend and was declared lost. This decision was doubted, so a
standing vote was taken as follows:
Precinct In Fav Tellers Opposed
1 6 Jerome J. Green 10
2 9 Michael J. O'Sullivan 10
3 9 Lilah H. Groisser 10
4 4 Richard F. Perry 12
5 4 Guy W. Doran 13
6 7 John T. Harvell 10
7 14 Leo J. Grace 3
8 1 Robert J. Burbidge 17
9 4 Jane P. Buckley 12
At Large 7 Howard L. Levingston 16
Totals 65 113
Robert A. Bowyer's motion to amend is not adopted. 9:20 P. M.
Alfred S. Busa moved the previous question which was declared carried
by voice vote. 9:22 P. M.
The roll call vote on Article 50 was taken by the Town Clerk, Mary R.
McDonough, starting at 9:33 P. M. and completed at 9:43 P. M.
The Moderator called a recess in order that the count could be
tallied. 9:43 P. M.
The meeting was again called to order by Moderator Cole at 9:57 P. M.
Result of the roll call as follows:
Pr ecinct Yes No Abstained Absen Totals
1 11 9 0 1 21
2 11 9 0 1 21
3 5 14 1 1 21
4 1_0 8 0 3 21
5 9 8 0 4 21
6 6 14 0 1 21
7 3 17 0 1 21
8 15 5 0 1 21
9 10 8 0 3 21
At Large 5 2 2 0 9
Totals 85 94 3 16 198
Less than the required two - thirds having voted in favor, the main
motion, as presented by Mr. Kassler, is not adopted.
9:58 P. M.
Ruth S. Thomas moved for reconsideration of Article 33. 9:58 P. M.
Howard M. Kassler stated that this evening the Board of Selectmen had appointed
a. Committee on Alternative Uses for Released School Buildings and Sites.
10:09 P. M.
After general discussion., Daniel E. Power moved the previous question, which
was declared carried by voice vote. 10:17 P. M.
Motion to reconsider Article 33, as presented by Mrs. Thomas, declared lost
by voice vote. 10:33 P. M.
(Adjourned Town Meeting - April 13, 1977)
Paul J. MacKenzie filed the Report of the Planning Board covering Article 75.
(Article 75 had been presented on April 11, 1977.)
10:33 P. M.
Richard E. Bayles moved to reconsider Article 30. 10:23 P. M.
Reconsideration of Article 30 declared lost by voice vote. 10:33 P. M.
Frank Sandy stated that if Mr. Furash was just going to move indefinite post -
ponement of Article 90, that he, Mr. Sandy, would move that this meeting be
dissolved.. 10:33 P. M.
The Moderator stated that the meeting could not be dissolved until all articles
had been acted upon and, therefore, ruled Mr. Sandy's motion out of order.
10:35 P. M.
Paul A. Plasse moved for reconsideration of Article 47. 10:35 P. M.
Motion to reconsider Article 47 declared lost by voice vote. 10:40 P. M.
Article 90. Edward E. Furash moved that this article be indefinitely postponed.
10:40 P. M.
Mr. Furash stated that there were no available funds to transfer to
reduce the tax'rate,which is estimated to be $92.40, an increase of
25% in the last two years. At the request of Mr. Furash, Robert M.
Hutchinson, Jr., Town Manager, summarized this years appropriations.
10;43 P. M.
Mr. Furash stated that what the meeting ended up with this year is
what they would be starting with next year. A $100. tax rate is not
too far in the future. This will be his last year as Chairman of the
Appropriation Committee, having held that position for the last ten
years and at the end of his talk he was given a standing ovation.
10:50 P. M.
Motion to indefinitely postpone Article 90 was declared carried
unanimously. 10:50 P. M.
Article 2. Angela E. Frick, Chairman of the Conservation Commission, stated
that the appraiser used by them has had, and will continue to have,
the full confidence of the Conservation Commission.
10:50 P. M.
Howard M. Kassler, Chairman of the Board of Selectmen, who has submitted his
resignation as Chairman and member of the Board of Selectmen effective April 15,
1977 at 4:30 P. M., thanked the town meeting and the citizens of the Town of
Lexington for their help and cooperation during his tenure as member of the
Conservation Commission and Board of Selectmen. 10:52 P. M.
Elizabeth H. Clarke asked for a round of applause for Mr. Kassler to show
the love and gratitude for all he had done and given to the town in the past
years. 10 :53 P. M.
Mr. Kassler was given a standing ovation and, at the request of John T.
Harvell, this action is being made part of the official record of this town
meeting. 10:53 P. M.
Howard M. Kassler moved that the 1977 Annual Town Meeting be dissolved.
Carried Unanimously. 10:53 P. M.
Moderator, Lincoln P. Cole, Jr., declared the 1977 Annual Town Meeting to be
dissolved. 10:53 P. M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk